Wamique Waseem Vs State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Instant revision under Section 19(4) of Family Courts Act, 1984 has been filed challenging the order dated 03.07.2024 passed by learned Principal Judge, Family Court, Lucknow in case no.250 of 2024 in re: Saba Hussain and another vs Wamique Waseem.

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Considering the facts of the case also the submissions made by the learned counsel for the parties including the dispute between the parties which is matrimonial in nature, this Court vide order dated 18.09.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties.

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In compliance of order of this Court dated 18.09.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 27.01.2025 has submitted its report, which is on record, wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels.

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The relevant para of settlement agreement 27.01.2025 is extracted herein-under:

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"6. The following settlement has been arrived at between the Parties hereto:

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(a) That both the parties solemnized their marriage on 05.12.2020 and now they have agreed to live separately in future and dissolve their marriage with mutual consent. Accordingly the parties have executed a joint Talaqnama/Khula on 02.12.2024 before Nadwan i.e. Markazi Darul Qaza U.P. as well as they have signed a compromise deed and notarized agreement dated 17.01.2025 which have already been taken on record to

CRLR No. 908 of 2024

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this case.

(b) The parties agreed that a sum of Rs.22,00,000/-(Rupees Twenty Two Lacs only) shall be paid by the First Party to the Second Party towards one time full and final settlement of all the claims including the claim for temporary/permanent alimony and mehar.

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(c) That out of aforesaid amount of Rs.22,00,000/- (Rupees Twenty Two Lacs only), the First Party has given a sum of Rs. 11,00,000/-(Rupees Eleven Lacs only) vide D. D. No.067669 dated 19.11.2024 drawn on Gramin Bank of Aryavarth, in the name of Saba Husain which has been received by Smt. Saba Husain on 17.01.2025. A photocopy of her receiving is taken on record and annexed herewith.

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(d) That the first party has also paid a Fixed Deposit (FD) of Rs. 11,00,000/- (Rupees Eleven Lacs only) in favour of Ms Maira D/o Shri Wamique and Smt. Saba on 04.01.2025, the copy of the same has already been received by Smt. Saba on 17.01.2025 itself agreeing with the condition that she will encash that FD only after her daughter (Ms Maira) being adult. A photocopy of her receiving is taken on record and annexed herewith.

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(e) It is also decided between the parties that daughter will be under the custody of her mother i.e. Mrs.Saba forever.

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(f) That the case no. 250/2024 U/S 125 Cr.P.C. pending before Principal Judge, Family Court, Lucknow will be withdrawn by both the parties on next date i.e. 02.02.2025."

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Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court, this Court is of the view that the present revision is liable to be allowed. Accordingly, present revision is allowed . Consequently, the order dated 03.07.2024 passed in Case No. 250 of 2024 is quashed in terms of settlement agreement.

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Office/Registry is directed to send the copy of this order to the Family Court.

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September 11, 2025 Mohit Singh/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Wamique Waseem v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

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Wamique Waseem v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

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