In maintenance proceedings, the High Court disposed of a criminal revision petition by accepting a compromise where the petitioner agreed to pay Rs.4000/month as maintenance
Petitioner directed to pay Rs.4000/- per month as maintenance to respondent or deposit it in her designated account within seven days of each month.
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DAYA SHANKER AGGARWAL ..... Petitioner Through: Mr. Rajiv Kr. Garg, Adv. with Ms. Kavita Rawat, Mr. Siddharth Nagar & Mr. Govind Singh, Advs.
versus SNEH AGGARWAL & ANR. ..... Respondents Through: Mr.Bharat Gupta, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 20.04.2017
The petitioner who is the husband of respondent No.1 has challenged the order dated 30.11.2010 in CC No.86/2010 (Old No.547/99) whereby he has been directed to pay an amount of Rs.2000/- per month with effect from 19.08.2004 to 31.05.2006 after adjusting the amount paid in pursuance of interim maintenance orders. The petitioner has also been directed to pay a sum of Rs.8000/- per month with effect from 01.06.2006 onwards. Apart from this, by the impugned order, the petitioner was asked to pay to respondent No.1 an amount of Rs.15,000/- towards litigation expenses. The petitioner was directed to clear the arrears within a period of nine months from the date of passing of the order and the employer of the respondent was directed not to pay any dues to him except usual salary without the permission of the Court.
Taking into consideration the financial condition of the parties, a Bench of this Court vide order dated 15.05.2014, while hearing the aforesaid revision petition directed the petitioner to clear the arrears at the rate of
Rs.2000/- per month with effect from 19.08.2004 after adjusting the amount which had already been paid to the respondent No.1.
The petitioner was, by the aforesaid order, directed to continue to pay to respondent No.1 Rs.2000/- per month during the pendency of the revision petition.
The petitioner and the respondent No.1 have today decided to put a quietus to the dispute and have agreed to settle the dispute with respect to the quantum of maintenance. The petitioner agrees to pay to the respondent No.1 Rs.4000/- per month (from May, 2017) towards all her claims arising out of the matrimonial relationship. The aforesaid proposal of maintenance has been accepted by the respondent No.1. Considering that the petitioner is ready to pay the aforesaid amount (Rs.4000/-) as monthly maintenance out of the pension amount which he receives every month and that the respondent No.1 has accepted the aforesaid amount as her maintenance amount, this Criminal Revision Petition is disposed of with a direction to the petitioner to pay Rs.4000/- per month, without fail, to respondent No.1 which she will accept and would furnish a receipt of the same to the petitioner. In the alternative and subject to the mutual agreement between the parties, the amount of Rs.4000/- could be deposited in the bank account of respondent No.1, the account number of which would be furnished by respondent No.1 to the petitioner, within first seven days of every month. The parties shall remain bound with the arrangement which has been entered into during the course of hearing in the Court today.
The petition is disposed of.
ASHUTOSH KUMAR, J
APRIL 20, 2017/ k
2 issues framed by the court
Whether to allow the petitioner to settle the quantum of maintenance maintenance claims between the parties.
Whether to dispose of the criminal revision petition after the parties reach a mutual agreement on maintenance.
DAYA SHANKER AGGARWAL
SNEH AGGARWAL
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
