The High Court disposed of two matrimonial and custody appeals based on a settlement agreement. The wife paid maintenance and the husband consented to divorce and custody settlement, resulting in the withdrawal of both appeals.
Both appeals were disposed of as withdrawn; divorce decree and custody order affirmed; settlement agreement incorporated into decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FAM No. 62 of 2019
---- Appellant
Versus
---- Respondent
FA(MAT) No. 44 of 2020
---- Appellant
Versus
---- Respondents
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For Appellant : Shri Rajeev Kumar Pandey with Ms. Maya Chaturvijani, Advocate For Respondents : Shri Vinay Pandey, Advocate
Hon'ble Shri Justice Goutam Bhaduri
Hon'ble Shri Justice N.K. Chandravanshi
Order on Board
Per Goutam Bhaduri, J.
07/12/2022
Heard.
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" Condition No. 1:- That the respondent (Kamata Prasad Sahu) will give a Rs. 8,00,000/- (Rupees Eight Lakh) through demand draft in the name of his son namely Priyanshu Sahu@ Pankaj sahu@ Rishabh Sahu, who is living with his mother (appellant). That after payment of Rs. 8 Lakh the appellant would not be responsible for any current expenses and future expenses what so ever arises in respect of Pankaj Sahu @ Rishabh Sahu. Neither the appellant nor Priyanshu Sahu @ Pankaj Sahu @ Rishabh Sahu would be entitled to claim any right against the ancestral property or self acquired property of the respondent, existing today and may accrue in future in the name of the respondent.
Condition No. 2 :- That the appellant will withdraw following cases pending against the respondent:-
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Criminal Appeal No. 13/2016, including arrears of award/ payment, existing as on today.
• The respondent will not be forced to pay the amount of maintenance passed by the family court, District Balodabazar, C.G. on 29.09.2022, in Misc. Criminal Case No. 478/2019. As per the order dated 29.09.2022 the respondent has been ordered to pay Rs. 5,000/p.m. to Priyanshu Sahu till he attains the age of maturity. Further, the appellant will not file any appeal against the order dated 29.09.2022 passed by the Family court, District Baloda-Bazar (C.G.) question the disallowance of maintenance passed against her claim.
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under any circumstances.
• Condition No. 3:- That the respondent will withdraw the pending F.A. (m) No. 44 of 2020 (Kamta Sahu V/s Mamta Sahu and Anr.) pending before this Hon'ble High Court."
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(MAT) No. 44 of 2020 filed by the husband both the appeals are disposed off as withdrawn in terms of the conditions mentioned in the withdrawal application filed by the wife.
Sd/- Sd/-
(Goutam Bhaduri) (N.K. Chandravanshi)
Judge Judge
Jyoti
2 issues framed by the court
Whether the matrimonial appeals should be disposed of upon the terms of a compromise agreement entered by the parties.
Whether the withdrawal of custody and maintenance appeals should be accepted given the settlement of litigation conditions.
3 provisions across 3 enactments
Mamta Sahu
Kamta Prasad Sahu
Kamta Sahu
Smt. Mamta Sahu
Minor Pankaj Sahu
Goutam Bhaduri
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
