SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sonu vs Rinku on 15 May, 2019

CRR(F)-40-2018 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

247 CRR(F)-40-2018 (OM)
Date of Decision:15.05.2019

Sonu …..Petitioner

Versus

Rinku …..Respondent

CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.

Present: Mr. Manmeet Kumar Arya, Advocate,
for the petitioner.

Mr. Lekh Raj Nandal, Advocate,
for the respondent.

****

HARI PAL VERMA, J.(Oral)

Petitioner has filed the present revision petition against the

judgment dated 28.10.2015 passed by Family Court, Rohtak, whereby on a

petition filed by the respondent under Section 125 Cr.P.C., learned Family

Court has granted maintenance @ `3,500/- per month to the respondent

from the date of filing of the petition.

Vide order dated 24.01.2018 passed by this Court, the parties

were directed to appear before the Mediation and Conciliation Centre of this

Court.

Pursuant to the aforesaid order, parties had appeared before the

Mediation Centre of this Court and a report was received from the Mediator,

wherein the parties have settled their disputes by way of amicable

settlement. The Settlement/Agreement dated 07.05.2018 is made part of the

1 of 4
10-06-2019 00:43:36 :::
CRR(F)-40-2018 (OM) 2

record.

Relevant paragraph 5 of the Settlement/Agreement dated

07.05.2018, reads as under:-

“a) The parties have concluded that Sonu and Rinku will not
be able to live as husband and wife and have decided to part
ways by getting divorce from each other on the basis of mutual
consent. It has been agreed that the parties shall file petition
under Section 13-B HMA at Rohtak on or before 1st week of
July, 2018.

b) It has been further decided between the parties
that a joint petition under Section 13-B of the Hindu Marriage
Act shall be filed by both the parties for getting divorce on
mutual consent basis in the competent Court of Rohtak. Sonu
and Rinku further undertake to make statement, to file affidavit
in support of the petition under Section 13-B as and will
appear and make statement for the second motion as and when
directed by the learned Court. It has been further agreed that
the litigation expenses at Rohtak shall be paid by the first
party.

c) It has been agreed between the parties that Sonu-
husband shall pay a total amount of Rs.2,00,000/- (Rupees Two
Lacs Only) to the second party i.e. Rinku (wife). The amount of
Rs.2,00,000/- (Rupees Two Lacs Only) shall be full and final
amount for past, present and future and no further amount
shall be claimed by the second party i.e. Rinku (wife) on any
account i.e. dowry articles, permanent alimony and
maintenance (past as well as future). It has been agreed
between the parties that the amount of Rs.2,00,000/- (Rupees
Two Lacs Only) shall be paid by the first party to the second
party in four instalments in the following manner:-

i) The first instalment of Rs.50,000/- (Rupees Fifty
Thousand Only) shall be payable to the second party i.e.
Rinku (wife) in the shape of demand draft at the time of
filing of divorce petition and making first statement in
2 of 4
::: Downloaded on – 10-06-2019 00:43:36 :::
CRR(F)-40-2018 (OM) 3

the Court under Section 13-B of HMA.

ii) The second instalment of Rs.50,000/- (Rupees
Fifty Thousand Only) shall be payable by the first party
to the second party i.e. Rinku in the shape of demand
draft on 31.10.2018.

iii) The third instalment of Rs.50,000/- (Rupees Fifty
Thousand Only) shall be payable to the second party i.e.
Rinku (wife) in the shape of demand draft on or before
01.02.2019.

iv) The fourth and the final instalment of Rs.50,000/-
(Rupees Fifty Thousand Only) shall be payable to the
second party i.e. Rinku (wife) at the time of second
motion in the divorce petition under Section 13-B of
HMA.

d) It has been further mutually agreed by both the
parties that if any complaint/case is pending before any
competent Court of Law/authority, which is not in the
knowledge of either of the parties or has escaped their
attention shall also be withdrawn by them. Both the parties
shall have their own counsel in the divorce petition as well as
quashing petition.

e) The parties further undertake not to initiate or
institute any unwanted litigation against each other and their
family. The parties further undertake not to use any document
etc. against each other which have been left in their possession
after this date of agreement.

f) It has been agreed between the parties that after
the passing of the final decree of divorce the first party will
appear and request the Hon’ble Court to dispose of his CRR(F)
No.40 of 2018 in view of the present compromise.”

In view of the settlement so arrived at between the parties, the

present revision petition is hereby disposed of.

The parties shall adhere to the terms conditions of the

Settlement/Agreement dated 07.05.2018 in letter and spirit.

3 of 4
10-06-2019 00:43:36 :::
CRR(F)-40-2018 (OM) 4

Since the matter has been compromised between the parties

before the Mediation and Conciliation Centre of this Court, no further

orders are required to be passed in the application i.e. CRM-2578-2018

seeking condonation of delay in filing the present revision petition.

May 15, 2019 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

4 of 4
10-06-2019 00:43:36 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation