Allowed

Umesh Kumar Patel v. Smt. Rani

Allahabad HC17 Jan 2020FAPL/309/2017

Case brief

AI extract

What is this about?

Court allowed first appeal against dismissal of divorce petition under Section 13 Hindu Marriage Act. Based on compromise filed by parties involving financial payment, court set aside impugned decree and dissolved marriage by decree of divorce.

What did the court decide?

Impugned judgment and decree set aside; marriage dissolved by decree of divorce; original compromise affidavit forms part of decree.

Umesh Kumar Patel Vs Smt. Rani — Matrimonial and Divorce | Allahabad HC (2020)

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Court No. - 4

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Case :- FIRST APPEAL No. - 309 of 2017

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Appellant :- Umesh Kumar Patel Respondent :- Smt. Rani Counsel for Appellant :- Laxmi Narayan Mishra,Ashutosh Upadhyay Counsel for Respondent :- Lal Chandra Mishra,Surendra Singh

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Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.

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Learned counsel for the appellant has filed original compromise today in the Court, which is taken on record.

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Heard learned counsel for the appellant and Sri Surendra Singh learned counsel for the respondent.

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This first appeal has been filed by the appellant against the judgment and order dated 18.03.2017 passed by learned Additional District and Sessions Judge/Fast Track Court, IInd, Banda by which he has dismissed the Matrimonial Case No.95 of 2014 (Umesh Kumar Patel Vs. Smt. Rani), under Section 13 of the Hindu Marriage Act, 1955 filed by the defendant-respondent against the plaintiff-appellant.

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Following order was passed by this Court in this appeal on 12.12.2019.

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"We have been informed that the parties have compromised outside the Court. The terms and conditions subject to which the compromise has been arrived at find place in the supplementary affidavit filed on behalf of the appellant contents whereof are not disputed by learned counsel for the appellant. Under the compromise the appellant has required to pay a sum of Rs.4 lacs to the respondent.

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Learned counsel for the appellant prays for and allowed three days' time to pay the aforesaid amount to the respondent by demand of draft drawn in favour of the respondent.

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List this case on Tuesday i.e. 17.12.2019."

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When this matter was taken up today, learned counsel for the appellant gave a demand draft of Rs.4 lacs drawn in favour of Smt. Rani defendant-respondent to her counsel.

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Learned counsel for the parties have jointly submitted that the parties had entered into a compromise.

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They have further submitted that this appeal may be allowed in terms of the compromise, the impugned judgment and decree be set aside,

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Matrimonial Case No.95 of 2019 under Section 13 of the Hindu Marriage Act be decreed and the marriage between the plaintiffappellant Umesh Kumar Patel and the defendant-respondent Smt. Rani be dissolved by decree of divorce.

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We have heard learned counsel for the parties and perused the compromise. There is no dispute about the fact that the parties have entered into a compromise. The original compromise dated 15.11.2019 has been filed in the Court today. True copy of the compromise has been filed as Annexure S.A.1 to the supplementary affidavit. Paragraph nos.2 to 7 of the compromise dated 15.11.2019 which are relevant for our purpose are being reproduced hereinbelow:-

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2- ;g fd 'kknh ds dqN fnu ckn ge nk s uks i{kksa ds fopkj u feyus ds o vkil es rkyesy u [kkus ds otg ls ge yksx nksuks i{k ds lEcU/k fcxM x;s vkSj vyx vyx jg jgs gSA

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3- ;g fd blh nkSjku f}rh; i{k mes'k dqekj ds }kjk ftyk ikfjokfjd U;k;ky; cknak es fookg foPNsn dk okn nk;j fd;k FkkA tks U;k;ky; }kjk fujLr fd;k x;k ftles f}rh; i{k us ekuuh; mPPk U;k;ky; bykgkckn eas vihy nk;j dj j[kh gS tks fopkjk/khu gSA

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4- ;g fd izFke i{k Jherh jkuh nsoh }kjk Hkj.k iks"k.k dk okn ikfjokfjd U;k;ky; ckank esa nk;j fd;k x;k Fkk ftles ekuuh; U;k;ky; }kjk eq0 1500@& #i;s ¼,d gtkj ikap lkS #i;s½ izfr ekg crkSj Hkj.k iks"k.k eatwj fd;k x;k Fkk ftldks U;k;ky; ds le{k Hkj.k iks"k.k dh /kujkf'k f}rh; i{k mes'k ls cjkcj izkIr dj jgh gSA

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5- ;g fd ge nksuks i{kkas o fj'rsnkjksa ,oa lEHkzkUr O;fDr;ksa ds le{k ;g le>kSrk gqvk gS fd f}rh; i{k mes'k izFke i{k Jherh jkuh nsoh dks ,deq'r Hkj.k iks"k.k dh /kujkf'k 4]00]000@& #i;s ¼pkj yk[k #i;s½ dh /kujkf'k U;k;ky; ds le{k izFke i{k jkuh nsoh dks vnk djsxk ftles izFke i{k Jherh jkuh nsoh dks mDr fookg foPNsn dk fMxzh ikfjr djus eas dksbZ vkifRr ugh gksxh ,oa lHkh Hkj.k iks"k.k ds eqdnes ,oa c

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6- ;g fd fookg foPNsn dh fMdzh ds ckn izFke i{k ds Hkj.k iks"k.k o dksbZ vkijkf/kd okn nk;j djus dk dksbZ vf/kdkj ugh gksxkA 7- ;g fd fookg foPNsn dh fMxzh ds ckn ge nksuks i{k vyx vyx jg dj viuk Lora= thou O;rhr djsaxsA

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Since in view of the compromise, the defendant-respondent has no objection to the marriage between her and the plaintiff-appellant being dissolved by decree of divorce, we allow this appeal and set aside the impugned judgment and decree dated 18.03.2017 passed by learned Additional District and Sessions Judge/Fast Track Court, IInd, Banda Matrimonial Case No.95 of 2014 (Umesh Kumar Patel Vs. Smt. Rani) stands decreed and the marriage between the plaintiff-appellant Umesh

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Kumar Patel and the defendant-respondent Smt. Rani is dissolved by decree of divorce. The original compromise affidavit dated 15.11.2019 shall form part of the decree.

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Order Date :- 17.1.2020 P.S.Parihar

Umesh Kumar Patel v. Smt. Rani

Case brief

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Umesh Kumar Patel v. Smt. Rani

Case brief

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