Disposed

Smt.Sarbati v. Hari Ram

Rajasthan HC11 May 2009CMA/468/1996

Case brief

AI extract

What is this about?

The High Court disposed of S.B. Civil Misc. Appeal No. 468/1996 by sanctioning a compromise between the parties. The decree dissolving the marriage was confirmed, permanent alimony of Rs. 4,00,000 was discharged, the appellant agreed in future, and the appellant agreed in future, and the appellant agreed to withdraw pending criminal cases thereafter, the case was closed by the parties' agreement w

What did the court decide?

The appeal and stay application were disposed of; the dissolution decree confirmed; Rs. 4L alimony paid; appellant agreed to abandon maintenance claims and withdraw criminal cases.

Smt.Sarbati Vs Hari Ram — Maintenance and Alimony | Rajasthan HC (2009)

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S.B.CIVIL MISC. APPEAL NO.468/1996. Smt.Sarbati. VERSUS Hari Ram.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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S.B.CIVIL MISC. APPEAL NO.468/1996. Smt.Sarbati. VERSUS Hari Ram.

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11.05.2009.

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HON'BLE MR.JUSTICE DALIP SINGH

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Ms.Gayatri Rathore, for the appellant. Mr.V.D.Gathala, for the respondent.

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The case was taken up today from the hearing list on the request of the learned counsel for the parties as the parties had also approached the court on 05.05.2009 and sought time for arriving at a mutual agreeable settlement.

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Today the parties are present in person and have been identified by their counsel. The parties have filed a compromise application today which is duly signed by both the parties who have been identified by their respective counsel. The compromise application was sent to the Deputy Registrar (Judicial) who has verified and attested the same today.

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Learned counsel for the parties pray that in the light of the aforesaid compromise application, the appeal may be decided and disposed of and a decree be prepared accordingly in terms thereof.

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S.B.CIVIL MISC. APPEAL NO.468/1996. Smt.Sarbati. VERSUS Hari Ram.

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Having heard learned counsel for the parties and having perused the record as well as the application submitted today which has been duly verified by the Deputy Registrar (Judicial), this appeal is disposed of as follows:-

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(1) The respondent-husband had filed an application under Section 13 of the Hindu Marriage Act for dissolution of marriage between the respondenthusband and the appellant-wife. The said application came to be allowed by the impugned judgment and decree dated 15.05.1996 passed by the learned District Judge, Sikar.

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In terms of the compromise, which has been agreed to by the parties, the decree dated 15.05.1996, passed in favour of the respondent-husband for dissolution of the marriage is confirmed.

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(2) By way of permanent alimony, a one time settlement amount of Rs.4,00,000/- has been paid to the appellant Smt.Sarbati. Rs.3,00,000/- (Rupees Three Lakhs only) have been paid by Demand Draft No.395658 drawn on Rajasthan Gramin Bank, Sikar Bajaj Road Branch, Sikar dated 04.05.2009. The said Demand Draft has been handed over to the appellant Smt.Sarbati. An amount of Rs.1,00,000/- has been paid in cash to Smt.Sarbati by the respondent-husband Hari Ram. Thus, an amount of Rs.4,00,000/- has been duly received by Smt.Sarbati, the appellant and in witness whereof she has acknowledged receipt of the Demand

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S.B.CIVIL MISC. APPEAL NO.468/1996. Smt.Sarbati. VERSUS Hari Ram.

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Draft and the cash amount which has been witnessed by her son Vikas who is also present and has witnessed the terms of the compromise as witness No.1 on the compromise application.

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In view of the aforesaid, the appellant shall herein after not make any claim for her maintenance from the respondent-husband Hari Ram.

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(3) The respondent Hari Ram, the husband, as per the terms of the compromise has agreed that the son Vikas born out of the aforesaid wedlock with Smt.Sarbati, the appellant, shall have his rights in the ancestral properties namely the ancestral house in village Rashidpura, Tehsil and District Sikar and the agricultural land situated in Rashidpura, Tehsil and District Sikar.

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(4) Smt.Sarbati, the appellant, by the terms of the aforesaid compromise agreed to withdraw all the criminal cases more particularly (i) under Section 125 Cr.P.C. filed against the respondent-husband for maintenance, (ii) the criminal case filed by the appellant Smt.Sarbati under Section 494 I.P.C. against the respondent-husband or any other case which has been instituted by the appellant Smt.Sarbati against Hari Ram and which may have been pending as on date shall stand dismissed and consigned to record on the production of the certified copy of this order.

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In view of the aforesaid compromise application

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S.B.CIVIL MISC. APPEAL NO.468/1996. Smt.Sarbati. VERSUS Hari Ram.

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submitted by the parties, this appeal and the stay application accordingly stand disposed of in the light of the aforesaid compromise. The compromise shall form part of the decree.

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(DALIP SINGH),J.

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Solanki DS, Jr.P.A.

Smt.Sarbati v. Hari Ram

Case brief

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Smt.Sarbati v. Hari Ram

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