Allowed

Pravin Kumar Singh v. Smt Rashmi Singh

Allahabad HC29 Jul 2024FAPL/237/2024

Case brief

AI extract

What is this about?

In a first appeal under the Family Courts Act arising from an interim order recalling previous maintenance orders, the High Court allowed the appeal after parties mediated a full settlement. The Court set aside the order while confirming the divorce decree, noting the respondent accepted payments and agreed not to pursue further litigation.

What did the court decide?

The order of 13.02.2024 was set aside and the divorce decree in Case No. 107 of 2020 was confirmed.

Pravin Kumar Singh vs Smt Rashmi Singh — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126234-DB

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Court No. - 39

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Case :- FIRST APPEAL No. - 237 of 2024

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Appellant :- Pravin Kumar Singh Respondent :- Smt Rashmi Singh Counsel for Appellant :- Ajit Singh Counsel for Respondent :- Akhilesh Kumar Singh

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Heard Sri Ajit Singh, learned counsel for the appellant and Sri Akhilesh Kumar Singh, learned counsel for the respondent.

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Present appeal has been filed under Section 19 of the Family Courts Act, 1984 arising from the order dated 13.02.2024 passed by the Principal Judge, Family Court, Ghazipur in Misc. Case No. 01/2023/74 (Rashmi Singh Vs. Praveen Kumar Singh). By that order, the learned trial court has allowed the application filed by the respondent being Paper No. 4-Ga and 6-GA, whereby the learned trial court has recalled its earlier orders dated 25.05.2022 and 07.07.2022 and restored Matrimonial Case No. 107 of 2020 (Praveen Kumar Singh Vs. Rashmi Singh) to its original number.

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During pendency of this appeal, the matter was referred to the Mediation Center attached to this Court. There, vide settlement agreement dated 23.07.2024, the parties have been able to resolve their disputes. Paragraph nos. 6 and 7 (wrongly numbered as 8) read as below :

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"6. In view of the interim settlement dated 09.07.2024, the following settlement has been arrived at between the Parties hereto :-

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a) That it has been agreed between the parties that Pravin Kumar Singh (Appellant-husband) shall pay an amount of Rs. 23,00,000/- (Rs. Twenty Three Lakh Only) to Smt. Rashmi Singh (Respondent-wife) by way of demand draft. The aforesaid amount includes permanent alimony, Stridhan of the wife and maintenance of daughter (Agriya), who is living with her mother, and born out the wedlock of the parties (Pravin Kumar Singh and Smt. Rashmi Singh). After receiving the aforesaid alimony amount, the respondent-wife shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family members in any manner whatsoever under any circumstances nor she shall stake any claim in the property of husband or his family members under any circumstances or under any law.

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b) That as mentioned in paragraph 6 (b) of the interim settlement dated 09.07.2024, "the appellant has produced two demand drafts bearing nos. 446067 & 446101 dated 08.07.2024 & 27.05.2024 for Rs.5,00,000/-

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each both drawn on Baroda U.P. Bank in favour of Rashmi Singh (respondent), which is kept on record and the same shall be handed over to Smt. Rashmi Singh (Respondent) at the time of final settlementagreement" but the same has already been handed over to the Respondent-wife on 09.07.2024 and she has acknowledged the receipt of the same.

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c) That the Plaintiff/Appellant-husband has transferred as amount of Rs.2,05,616/- (Rs. Two Lakh Five thousand Six hundred Sixteen Only) in the bank account of Smt. Rashmi Singh (Respondent-wife) on 15.07.2024 and the Respondent-wife has acknowledged the receipt of the same.

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d) That today i.e.23.07.2024, the Plaintiff/Appellant-husband has handed over another two demand drafts to the Respondent-wife today and the Respondent (Smt. Rashmi Singh) has acknowledged the receipts of the same. The details of the aforesaid demand drafts are as under:

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S. No.	D.D. Bearing No.	Dated	Amount	In favour of	Issued by
1.	446068	20.07.2024	Rs. 5,00,000/-	Rashmi Singh	Baroda U.P. Bank
2.	290677	20.07.2024	Rs. 5,85,000/-	Rashmi Singh	Bank of Baroda

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e) That today i.e. 23.07.2024, the Plaintiff/Appellant-husband has also paid a remaining amount of Rs.9,400/- (Rs. Nine Thousand Four Hundred Only) to the Respondent-wife and the Respondent-wife has acknowledged the receipt of the same.

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f) That it has been agreed between the parties that the party concerned shall withdraw the Maintenance Petition No. 385 of 2023, Smt. Rashmi Singh & Another vs. Sh. Praveen Kumar Singh, pending before the Family Court North-West, Rohini Courts, Delhi.

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g) That both the parties shall agree to pray to this Hon'ble High Court for quashing the proceedings of the Criminal Misc. Application Us 482 No. 43358 of 2023, Praveen Singh and others vs. State of U.P. and others.

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h) That it has also been agreed between the parties that the cases except the cases mentioned hereinabove, if any, other civil or criminal is pending between the parties against each other regarding present dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement.

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i) That the parties further agreed that they shall not file any fresh case/complaint against each other regarding present matrimonial dispute in any manner whatsoever.

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8.- By signing this Agreement the Parties hereto state that the First Appeal No. 237 of 2024 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

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Since the settlement agreement did not contain any clear recital with respect

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to the stand of the respondent qua this appeal, by last order we had required the respondent to file personal affidavit.

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Today, the personal affidavit of Sri Ram Jee Singh (father of the respondent) has been filed. In paragraph no. 5 of the said affidavit, it has been stated as

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below :

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"That, as per the agreement the present appeal will not be proceeded on behalf of the sole opposite party and she will also not proceed in the matrimonial dispute no. 107/2020 and Civil Misc. Suit No. 1/2023/74 (Rashmi Singh Vs. Pravin Kumar Singh)."

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As to the reason why the respondent has not filed affidavit, learned counsel for the respondent would submit, the respondent is indisposed and therefore her father has filed his affidavit.

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In view of such facts, the present appeal is allowed . The order order dated 13.02.2024 passed by the Principal Judge, Family Court, Ghazipur is set aside and the divorce decree granted in Matrimonial Case No. 107 of 2020 is confirmed.

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Order Date :- 6.8.2024 Abhilash

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(Donadi Ramesh, J.) (S. D. Singh, J.)

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Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad

Pravin Kumar Singh v. Smt Rashmi Singh

Case brief

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Pravin Kumar Singh v. Smt Rashmi Singh

Case brief

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