Disposed

Smt Asmita Gupta @ Asmita Chhabra v. Amit Kumar Chhabra

Allahabad HC9 Jul 2024FAPL/351/2024

Case brief

AI extract

What is this about?

First appeal against a Family Court decree dissolving marriage. Mediation succeeded; parties settled all financial claims by permanent alimony and maintenance via demand drafts, agreed to withdraw pending cases and grant visitation rights. Appeal disposed of in terms of settlement.

What did the court decide?

Appeal disposed of in terms of settlement dated 27.10.2024: alimony paid, cases withdrawn, visitation rights agreed.

Smt Asmita Gupta @ Asmita Chhabra vs Amit Kumar… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:173815-DB

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Court No. - 39

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Case :- FIRST APPEAL No. - 351 of 2024

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Appellant :- Smt Asmita Gupta @ Asmita Chhabra Respondent :- Amit Kumar Chhabra Counsel for Appellant :- Abhishek Tripathi Counsel for Respondent :- Ajay Singh Yadav,Yatindra

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

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Heard Sri Abhishek Tripathi, learned counsel for the appellant and Sri Ajay Singh Yadav, learned counsel for the respondent.

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The present appeal has been filed under Section 19 of the Family Courts Act, 1984 arising from the judgment and order dated 19.03.2024 passed by Additional Principal Judge, Family Court, Court No.5, Ghaziabad, in Case No.1660 of 2017 (Amit Kumar Chhabra Vs. Smt. Asmita Gupta) whereby the marriage between parties has been dissolved.

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By earlier order dated 07.05.2024, the matter was referred to Mediation Centre attached to this Court. Mediation has been successful. The settlement agreement dated 27.10.2024 has been reached between the parties. Paragraph nos.7, 8 and 9 of the said agreement read as below:

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7. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators.

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8. In view of the Interim Settlement dated 22.09.2024, the following settlement has been arrived at between the Parties hereto:-

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a) That the parties agree to dissolve their marriage on the full and final settlement of all financial claims of appellant that may accrue against the Respondent-Amit Kumar Chhabra or his family members, the appellantSmt. Asmita Gupta @ Asmita Chhabra shall be paid a permanent alimony including Stridhan as well as maintenance of both the daughters, namely Ananya and Aaradhya to the tune of Rs.XXXXXXX (XXXX). After receiving this amount, the appellant-Smt. Asmita Gupta @ Asmita Chhabra shall not stake any claim of any nature whatsoever in the property of the respondent-Amit Kumar Chhabra or his family member and she also agrees that she shall not claim any further financial

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assistance from the respondent-Amit Kumar Chhabra. The aforesaid amount shall be paid through the demand drafts drawn in favour of appellant- Smt. Asmita Gupta @ Asmita Chhabra.

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b) That on 22.09.2024, the respondent-Amit Kumar Chhabra has handed over a demand draft bearing No. 864814 dated 18.09.2024 for Rs.XXXXXXX (Rupees XXX only) drawn on IDFC First Bank in favour of Asmita Chhabra (wife), to the appellant-Smt. Asmita Gupta @ Asmita Chhabra and she has acknowledged the receipt of the same.

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c) That today ie. 27.10.2024, the respondent-Amit Kumar Chhabra has handed over another demand draft of remaining amount of Rs.XXXXXXX (Rupees XX only) through D.D. bearing no. 864831 dated 23.10.2024 drawn on IDFC First Bank in favour of Asmita Chhabra (wife) and she has acknowledged the receipt of the same

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d) That at present two daughters namely, Ananya and Aaradhya live with her mother namely, Smt. Asmita Gupta @ Asmita Chhabra. Both the parties agree and undertake that respondent-Amit Kumar Chhabra shall have visitation rights to him his daughters as and when convenient with prior information/ permission of appellant-Smt. Asmita Gupta @Asmita Chhabra of which appellant-Smt. Asmita Gupta @ Asmita Chhabra shall have no objection at all.

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e) That both the parties have moved withdrawal application in the cases filed by them against each other and they shall produce the certified copies of the same before the Hon'ble Court at the time of hearing. The details of which are as under:-

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1. Misc. Case no. 788 of 2022 (Ashmita Vs. Amit Kumar Chhabra), Under Section 125(3) of Cr.P.C., Police Station-Indirapuram.

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II. Misc. Case no. 835 of 2023 (Ashmita Vs. Amit Kumar Chhabra), Under Section 340 of Cr.P.C., Police Station-Indirapuram.

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III. Criminal Misc. Case no. 2360 of 2021 (Smt. Ashmita Chhabra Vs. Amit Kumar Chhabra & Others), Under Section 12 of D.V. Act, Police Station- Indirapuram, District-Ghaziabad.

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IV. Case no. 453 of 2019 (Ashmita Vs. Amit Kumar Chhabra), Under Section 125 of Cr.P.C., Police Station-Indirapuram.

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V.Misc. Case no. 1014 of 2023 (Amit Kumar Chhabra Vs. Ashmita), Under Section 340 of Cr.P.C., Police Station-Indirapuram.

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f) That it has also been agreed between the parties that apart from the cases mentioned above, if any civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

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g) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.)

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h) That it has further been agreed between the parties that the present first appeal to be decided in terms of this present final settlement/compromise.

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i) That this settlement had been read over and explained to the parties in Hindi in presence of their counsels, thereafter, they have signed the settlement.

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9.-By signing this Agreement the Parties hereto state that the First Appeal No. 351 of

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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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Today, on query made, learned counsel for the parties state, the appellant has received entire amount under settlement agreement noted above. They further state, all cases instituted by each party against each other and family members of each other has been withdrawn. Thus, it has been stated, no dispute survives.

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Accordingly, the present appeal is disposed of in terms of settlement noted above.

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Order Date :- 6.11.2024

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rkg

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

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Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad

Smt Asmita Gupta @ Asmita Chhabra v. Amit Kumar Chhabra

Case brief

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Smt Asmita Gupta @ Asmita Chhabra v. Amit Kumar Chhabra

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