JUDGEMENT
-
(1.) THAT marriage of the Mahaveer Kumar Sharma with Bharti Sharma took place on 17th April, 1992 and from the wedlock of their marriage, two daughters Kumari Shruti Sharma and Kumari Iti Sharma born on 6th August, 1994 and 3rd July, 2000 respectively under the facts and circumstances Mahaveer Kumar Sharma and Bharti Sharma entered into present compromise under the following terms and conditions :-
i. The husband Mahaveer Kumar Sharma shall make a payment of Rs. 13,00,000/- (Rupees : Thirteen Lakh Only) through a cheques bearing No.364776 drawn at Apex Cooperative Bank, Barkat Nagar, Jaipur in the Court as a permanent alimony to Bharati Sharma for both daughters solely with the intention and pious object for better education, maintenance, marriage and equal life standard of both the daughters of Mahaveer Kumar Sharma and Bharti Sharma, namely, Kumari Shurti Sharma, aged about 17 years and Kumari Iti Sharma, aged about 11 years; ii. Both the parties shall not demand any single penny in future from each other under any of the head and they will not claim any right, title or interest over and above any of the movable and immovable property of other party either self-acquired or inherited from the ancestors, however, both the daughters may have right to use the name of Mahaveer Kumar Sharma as their father. iii. Both the parties shall not claim any benefit flow from the service of the other party in future or any other benefit (except the claim of the said amount of Rs. 13 lakh as being taken under present compromise in Court). iv. Bharti Sharma shall withdraw/compromise by giving an application in writing all the complaints made before any of the authorities concerned beside all the civil cases and criminal cases pending any where and she will make the positive efforts for the said purpose and will not create any hurdle in any manner whatsoever in future including Criminal Case bearing No.99/2006 pending before the ACJ JD JM, Virat Nagar, Jaipur arising out of FIR No.123/2005 PS Virat Nagar and Other cases and complaints pending before any Court and Authorities.
(2.) BOTH the parties Mahaveer Kumar Sharma and Bharti Sharma shall not object and shall give their consent in the Court for passing the decree of divorce in pending appeals bearing Nos.145/2007 and 1740/2006.
Both the parties shall not sue each other in future in respect of the matters finally settled in terms of the compromise;
That both the parties shall produce the one original copy of the compromise in the pending D.B. Civil Misc. Appeal No.145/2007 for the purposes of apprising the Hon'ble Court in respect of the present compromise and both the parties get attested the said compromise from the Hon'ble Court.
This compromise deed is prepared and executed in three originals duly signed by the parties for the purposes of producing one original copy in the Court and remaining two to be kept by both the parties separately in original.
A Cheque bearing No.364776 of The Rajasthan State Co-Operative Bank Ltd., Jaipur dated 23.07.2012, amounting to Rs.13,00,000/-(Rs. Thirteen lac) has been handed over in Court to respondent Smt. Bharti Sharma. With consent, decree of divorce is passed, as mentioned in compromise deed itself.
(3.) IT is further submitted by respondent Smt. Bharti Sharma, who is present along with her Counsel Shri K.S. Loha, that Rs.6,00,000/-(Rs. Six lac) will be kept in Fixed Deposit for the marriage of her daughters namely, Kumari Shruti Sharma, aged about 17 years and Kumari Iti Sharma, aged about 11 years. A sum of Rs.3,00,000/-(Rs. Three lac) will be kept in Fixed Deposit for each of them for the purpose of marriage in joint FDR, one in the name of Smt. Bharti Sharma, Kumari Shruti Sharma and other in the name of Smt. Bharti Sharma, Kumari Iti Sharma and shall be withdrawn only with the permission of the Family Court on appropriate application being filed for performance of marriage. Rest of the amount shall remain at the disposal of Smt. Bharti Sharma for spending it on education and other purposes.
Both the appeals are, accordingly, disposed of.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.