SHYAM SUNDER Vs. SMT. KRISHNA VERMA
LAWS(RAJ)-2018-12-27
HIGH COURT OF RAJASTHAN
Decided on December 19,2018

SHYAM SUNDER Appellant
VERSUS
Smt. Krishna Verma Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) The appeal being D. B. Civil Miscellaneous Appeal No.861/2018 on behalf of the appellant-husband Shyam Sunder has been filed under Section 19 of the Family Court Act, 1984, challenging the order dated 15.11.2017 passed by the learned Judge, Family Court No.1, Jaipur (for short 'the Family Court'), whereby the application under section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-wife has been allowed and the appellant has been directed to pay Rs. 5,000/- per month as maintenance to the respondent-wife from the date of filing of the application i.e. 01.05.2017 till disposal of main petition under Section 13 of the Act, Rs. 5,500/- as litigation expenses and Rs. 500/- as travelling expenses for appearance on each date of hearing.
(2.) This matter has come up on the board for orders on the joint application filed by both the parties bearing inward no.96319/18.12018 under Section 13(B) of the Act contending that marriage of the parties was solemnized on 11.05.2011. Out of their wedlock a daughter namely Vanshika was born on 08.09.201 Thereafter, dispute arose between the parties and a petition under Section 13(1)(A)(B) of the Act was filed by the appellant-husband before the Family Court. On the other hand criminal proceedings under Protection of Women from Domestic Violence Act, 2005 were initiated by the respondent-wife against the husband and his family members and accordingly a Case No. 315/2016 came to be filed before the Court of Metropolitan Magistrate No. 19, Jaipur Metropolitan, Jaipur which is still pending. The respondent-wife also filed an application for maintenance under Section 24 of the Act out of which present appeal arises. It is further contended that the dispute between the parties was referred to Mediation Centre attached to this Court and the parties have arrived at a settlement before the Mediation Centre on 27.11.2018. It is submitted that as per the terms of the settlement, the appellant-husband shall pay to the respondent-wife a lump sum amount of permanent alimony of Rs. 7,50,000/- in three installments and the respondent-wife shall withdraw Case No. 315/2016 pending before the Court of Metropolitan Magistrate No. 19, Jaipur Metropolitan, Jaipur in addition to any/all proceedings pending against the husband and his family members. Proceedings of the compromise dated 27.11.2018 entered into between the parties, which were reduced in writing, has been placed on the record. The conditions of settlement arrived at between the parties before the Mediation Centre on 27.11.2018 read as under:
(3.) The compromise has been signed by both the parties, their respective counsels as also the learned Mediator on 27.11.2018.;


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