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Sunil Kumar Agarwal vs Smt Paras Agarwal on 30 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No.1838/2017
With
D.B. Civil Miscellaneous Stay Application No.1339/2017

Sunil Kumar Agarwal S/o Shri Ramavtar Agarwal, R/o 8-B, Ram
Nagar, Behind N.E.B. Housing Board, Opp. Bharat Iti College,
Alwar Raj.
—-Appellant
Versus
Smt. Paras Agarwal W/o Shri Sunil Kumar Agarwal, D/o Shri
Goverdhan Lal, By Caste Mahajan, R/o Plot No. 442, Scheme No.
2, Alwar Tehsil And District Alwar.
—-Respondent

For Appellant(s) : Mr. Vigyan Shah and Mr. Rajaram
Choudhary with appellant-husband
Sunil Kumar Agarwal
For Respondent(s) : Mr. Gurvindra Singh with respondent-

wife Smt. Paras Agarwal

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

30/05/2019

This appeal on behalf of the appellant-husband has been

filed assailing the order dated 19.01.2017 of the Family Court,

Alwar, whereby the Family Court allowed the application of the

respondent-wife, being Civil Miscellaneous Application No.8/2015

under Section 24 of the Hindu Marriage Act, and ordered the

appellant-husband to pay monthly maintenance allowance of

Rs.10,000/- to her starting from February, 2015, when the

application was filed, and shall continue to pay the same till final

disposal of the Original Civil Miscellaneous Application

No.136/2014 – Sunil Kumar Vs. Smt. Paras Agarwal. That monthly

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maintenance allowance was in addition to the monthly interim

maintenance of Rs.10,000/- awarded in the proceedings under

Section 125 of the Code of Criminal Procedure.

The parties appeared before this Court on 27.05.2019. They,

with the persuasion of their respective learned counsel, have

agreed to settle the dispute and obtain a decree of divorce by

mutual consent on the appellant-husband paying permanent

alimony in the sum of Rs.10,00,000/- (Rupees ten lakh only) to

the respondent-wife and on investing a sum of Rs.15,00,000/-

(Rupees fifteen lakh only) in the fixed deposit receipt in the name

of their son Sparsh Agarwal. Both the parties also agreed to

withdraw the cases, which are pending before different courts filed

by them against each other. The matter was ordered to be listed

today, i.e. 30.05.2019.

Both the parties, i.e. appellant-husband Sunil Kumar Agarwal

and respondent-wife Smt. Paras Agarwal, are present in the court.

They have put their signatures on the order-sheet of the file. They

have been identified by their respective counsel.

The parties have pointed out the cases pending between

them, which are, (1) Case No.136/2014 (Divorce Petition) – Sunil

Kumar Agarwal Vs. Smt. Paras Agarwal, pending in the Family

Court, Alwar, (2) Case No.377/2015 – Smt. Paras Vs. Sunil Kumar

Agarwal pending in the Family Court, Alwar, (3) Case No.8/2015 –

Smt. Paras Agarwal Vs. Sunil Kumar Agarwal, pending in the

Family Court, Alwar, (4) Case No.440/2013 – Smt. Paras Vs. Sunil

Kumar Agarwal and Others, pending in the Court of Civil Judge

Judicial Magistrate No.2, Alwar, and (5) Case No.67/2013 pending

in the Court of Chief Judicial Magistrate, Alwar, arising out of F.I.R.

No.127/2012, Police Station N.E.B. Alwar, for offence under

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Sections 452, Section354, Section523, Section341 and Section34 of the Indian Penal Code. The

parties have agreed that the aforesaid cases or any other case

pending between them shall be withdrawn by them within next

thirty days after receipt of the copy of this judgment.

In compliance of the terms of the mutual agreement, the

appellant-husband has today handed over in the Court today a

Cheque No.350859 dated 29.05.2019 amounting to

Rs.10,00,000/- in the name of Smt. Paras Agarwal, to the

respondent-wife. This amount shall be taken as permanent

alimony to the respondent-wife towards full and final settlement

and the respondent-wife has agreed not to claim any further

amount from the appellant-husband.

The appellant-husband submits that the fixed deposit receipt

in the name of their son Sparsh Agarwal, aged 17 years,

amounting to Rs.15,00,000/- (Rupees fifteen lakh only) cannot

immediately be prepared because Sparsh Agarwal does not have

permanent account number (PAN) issued in his name. However,

the appellant-husband submits that he shall transfer the amount

of Rs.15,00,000/- (Rupees fifteen lakh) in the SB account

No.50338521665 of Sparsh Agarwal, which is with the Allahabad

Bank with IFSC 2347628 and MICR Code ALLA0210430, situated

at 584-585, Kamal Deep Building, Vivek Vihar, Scheme No.10,

Near Jain Mandir, Alwar (Rajasthan) on the condition that the said

amount may not be allowed to be withdrawn and should only be

invested in fixed deposit receipt (FDR) for a minimum period of

five years till their son Sparsh Agarwal become mature to take his

own decision. In the meantime, the respondent-wife may process

for obtaining the PAN in the name of Sparsh Agarwal and after

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obtaining the same, submit it to the Manager of the Allahabad

Bank for investing the amount of Rs.15,00,000/- in the FDR.

The appellant-husband shall transfer the amount of

Rs.15,00,000/- by RTGS in the SB account of their son Sparsh

Agarwal within a fortnight from today. On deposit of the said

amount by way of transfer by the appellant-husband, the Branch

Manager shall not allow the said amount or any part thereof to be

withdrawn or otherwise diverted to any other account. On

submission of the PAN of Sparsh Agarwal, the Branch Manager of

the Allahabad Bank shall invest the said amount in the FDR for a

period of five years.

Learned counsel for the respondent-wife submits that Sparsh

Agarwal is preparing for admission to Indian Institutes of

Technology (I.I.T.) and also planning for higher studies abroad,

which would require continuous financial support, therefore, the

Allahabad Bank may be instructed to pay him accrued quarterly

interest on the FDR in his SB account, so that the expenses of his

studies can be borne out of that amount. The appellant-husband

has not objected to this. Therefore, the Branch Manager of the

Allahabad Bank is directed to disburse the amount of quarterly

interest on the FDR of Rs.15,00,000/- in the SB account of Sparsh

Agarwal and allow him to withdraw the same.

Both the parties, on the aforesaid conditions, have jointly

submitted that a decree of divorce by mutual consent be granted

to them by converting this appeal into one under Section 13B of

the Hindu Marriage Act, 1955 as they have been staying

separately from each other for last more than six years.

In view of the compromise arrived at between the parties,

we are persuaded to allow the appeal. The appeal is accordingly

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allowed. The order dated 19.01.2017 of the Family Court, Alwar, in

Civil Miscellaneous Application No.8/2015 is set aside. The

marriage between appellant-husband and respondent-wife is

therefore dissolved by mutual consent with immediate effect in

terms of the compromise noted above. Decree of divorce be

prepared accordingly. Ordered accordingly.

This also disposes of stay application.

(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

//Jaiman//65

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