The Court approved a settlement between parties for maintenance, directing the husband to pay Rs. 15 lakh upfront and Rs. 20 lakh subsequently. Both appeals involving matrimonial disputes and pending cases were disposed based on this agreement.
Direction to husband to pay Rs. 15,00,000/ by 15.05.2023 and Rs. 20,00,000/- by 15.10.2023; withdrawal of all pending cases.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.317 of 2020
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Pravin Singh Son of Ganesh Prasad Singh, resident of Mohalla Moldiar Tola (Pucca Par), Village and P.O. Mokama, District - Vaishali, at present resident of Mohalla Mahesh Nagar, Saipath Road No. 2, P.S. Patliputra, District – Patna.
... ... Appellant/s Versus Savita Singh daughter of Sadhu Saran, Village - Benibasara, P.S. Vaishali, District – Vaishali. ... ... Respondent/s ====================================================== with Miscellaneous Appeal No. 649 of 2021
====================================================== Savita Singh D/o-Sadhu Sharan Resident of Village-Beni Basera, P.O. and P.S. and Distt-Vaishali. ... ... Appellant/s
Versus
Pravin Singh Resident of Mohalla-Moldiyar Tola (Puca Par), Village and P.O. and P.S.-Mokama, Distt-Patna at Present Mohalla- Mahesh Nagar, Road NO. 2, P.S.-Patliputra, Distt and Town Patna.
... ... Respondent/s ====================================================== Appearance : (In Miscellaneous Appeal No. 317 of 2020) For the Appellant/s : Mr. Suraj Samdarshi, Advocate. For the Respondent/s : Mr. Jitendra Prasad Singh, Advocate. (In Miscellaneous Appeal No. 649 of 2021) For the Appellant/s : Mr. Jitendra Prasad Singh, Advocate. Mr. Bandana Singh, Advocate. For the Respondent/s : Mr. Suraj Samdarshi, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 10-04-2023
Both the miscellaneous appeals viz. M.A. No.
317 of 2020 and M.A. No. 649 of 2021 have been heard together and are being disposed off by this common order.
We have heard Mr. Suraj Samdarshi for the
Patna High Court MA No.317 of 2020 dt.10-04-2023
2/3
appellant in M.A. No. 317 of 2020 and Mr. Jitendra Prasad Singh in M.A. No. 649 of 2021.
During the course of the arguments, the learned advocates for the parties, after seeking instruction from their respective clients, agreed to settle for a fixed quantum of money as permanent alimony to the respondent/wife.
The Family Court had fixed it at
Rs.30,00,000/-. The parties have agreed to accept Rs.45,00,000/- in all out of which Rs.10,00,000/- has admittedly been paid earlier by the
appellant/husband/Pravin Singh.
Such statement has been accepted by Mr.
Jitendra Prasad Singh, learned advocate for the respondent/wife.
We find that the agreement arrived at between the parties is quite conscionable and deserves to be given the imprimatur order of this Court.
Both the appeals are disposed of with a
Patna High Court MA No.317 of 2020 dt.10-04-2023
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direction to the appellant/husband to make an upfront payment of Rs.15,00,000/- to the respondent/wife by
15.05.2023. The balance amount of Rs.20,00,000/shall be paid by 15.10.2023 without fail.
It is expected that the appellant/husband shall
respect his undertaking before this Court, failing which the respondent shall have the right to file a two pages affidavit for revival of both the miscellaneous appeals.
As part of the agreement between the parties, they shall withdraw all cases filed against each other and their respective family members before any forum and such withdrawal should be before 15.10.2023.
Both the appeals stands disposed of in terms of the agreement arrived between the parties.
(Ashutosh Kumar, J)
( Harish Kumar, J)
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| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 12.04.2023. |
| Transmission Date | NA |
2 issues framed by the court
Whether the settlement agreement fixing permanent alimony should be approved by the Court.
Whether the directions for payment of alimony and withdrawal of pending cases should be given.
Pravin Singh
Savita Singh
Ashutosh Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
