- (1.) Heard Sri Kamal Krishna, Senior Advocate, alongwith Sri S.B. Singh, learned Counsel for the appellant and Sri Alok Kumar Srivastava, learned Counsel appearing on behalf of the respondent. This is an appeal under section 19 of the Family Courts Act challenging the order dated 23.10.2012 passed by the Principal Judge, Family Court, Allahabad rejecting the application for interim maintenance. The appeal came up for consideration before a Bench on 2.4.2014. This Court has passed the following order: "This appeal under section 19 of the Family Courts Act has been filed by the wife challenging the order dated 23.10.2012 passed by the Principal Judge, Family Court, Allahabad interregnum proceeding under section 13 of the Hindu Marriage Act initiated by the respondent Sri Prashant Swaroop Srivastava. The Family Court rejected the application for interim maintenance on the ground that the appellant wife was able to support herself as she was employed. On 13.3.2014 we required personal appearance of the respondent on 24.3.2014 and accordingly notices were issued. In pursuance whereof both the parties appeared before us on 24.3.2014. We talked to both the parties individually and in presence of each other alongwith their Counsel. On the said date both the parties made a statement that it was not possible to live peacefully as husband and wife and agreed for consented divorce. However, there was a issue with respect to permanent alimony to be paid by the respondent. On the request of learned Counsel for the respondent, the matter was adjourned for today. Today The appellant Smt. Shilpi Srivastava alongwith her father Dr. Ashok Kumar Srivastava and the respondent Sri Prashant Swaroop Srivastava with his father Sri Yogendra Prasad Srivastava are present in person. We talked to them in presence of their Counsel. We are happy to record that the parties have agreed for a sum of Rs. 8 Lacs to be paid by the respondent to the appellant as permanent alimony. Both the parties also agreed that this amount of Rs. 8 Lacs would include 'Streedhan', Gifts and Articles given or taken at the time of marriage or after marriage and they shall not raise any dispute in this regard in future. They have also agreed to withdraw all other cases whether civil or criminal pending between them. In view of the settlement arrived at by the parties before us and exercising the power conferred by section 24(b) of the Code of Civil Procedure, we hereby withdraw the proceeding of matrimonial Case No. 368 of 2010, Prashant Swaroop Srivastava v. Smt. Shilpi Srivastava, pending before the Principal Judge, Family Court, Allahabad. Office shall call for the record from the Family Court, Allahabad. The respondent Sri Prashant Swaroop Srivastava has agreed to produce a bank draft of Rs. 8 Lacs in favour of the appellant Smt. Shilpi Srivastava before the Court on 22.5.2014. Both the parties shall also file an affidavit setting out the terms and conditions arrived at between them today before us and recorded hereinabove."
(2.) In pursuance of the aforesaid order passed by the Bench, the record of Suit No. 368 of 2010, Prashant Swaroop v. Smt. Shilpi Srivastava, under section 13 of the Hindu Marriage Act has been placed before us and the same is being decided by this Court under section 24(i)(b) of the C.P.C. with the consent of the parties on the basis of compromise arrived between the parties.
(3.) Both, Smt. Shilpi Srivastava and Sri Prashant Swaroop Srivastava are present in person through their Counsels and filed joint affidavit today. In the affidavit, following has been stated: "That the deponent No. 1 is appellant and deponent No. 2 is respondent, both are husband and wife, in the above noted first appeal as such both are acquainted with the facts and circumstances of the case deposed to below. That the both party husband (Deponent No. 2) and wife (Deponent No. 1) have amicably settled the dispute with the following conditions, which may be part of the decree. That appellant filed a first appeal No. 988 of 2012 before this Hon'ble Court and Hon'ble Court was pleased to reconciliate the matter and directed the respondent to deposit 8 lacs as permanent alimony, through bank drafts, on the dated 22.5.2014. That a bank draft of Rs. 8,00,000/- (No. 008886 I.D.B.I. Bank, Civil Lines, Allahabad) is being filed by the respondent, and same has been accepted by the appellant/wife as towards the permanent alimony and wife will not claim any right further claim in movable and immovable property. That a criminal case which was filed by the appellant/wife under section 406, I.P.C. which was pending before Judicial Magistrate as Complaint Case No. 7376 of 2012, Smt. Shilpi Srivastava v. Prashant Swaroop Srivastava, has been withdrawn and learned Magistrate has passed the order on 15.5.2014 permitting the appellant to withdraw the above noted criminal case. That a Criminal Misc. Application No. 17962 of 2013, preferred under section 482, Cr.P.C. against charge-sheet under sections 498, 323 and 504, I.P.C. and 3/4 D.P. Act, by Prashant Srivastava, in which the stay order has been passed by this Hon'ble Court and same matter will also get withdrawn by husband respondent and wife also undertakes to withdraw the charge-sheet filed under sections 498, 323 and 504, I.P.C. and 3/4 D.P. Act. That any litigation between the parties either civil or criminal may get withdrawn either of the party.";