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 DHADDHAJudgment
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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(2 of 5) [CMA-1838/2017]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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