- (1.) This appellant has challenged the order passed by Principal Judge, Family Court, Palamau, at Daltonganj in Matrimonial Case No.11 of 2011 judgment dated 1st May, 2013 whereby the application preferred by the respondenthusband was allowed for divorce and only Rs.1,25,000/ was awarded by way of permanent alimony to his appellantwife. Being aggrieved by this order, the original respondent (appellant herein) has preferred this appeal for enhancement of the permanent alimony amount.
(2.) At the request of both sides, as there were chances of settlement of the disputes between the parties, the matter was referred to the Jharkhand State Legal Services Authority, Ranchi for mediation and now after completion of the mediation process, settlement has been arrived at between the parties. The mediator has given a report dated 2nd November, 2015 and as per the terms of the settlement between the parties, the respondenthusband has agreed to pay Rs.5,25,000/ to this appellantwife, out of which, on 14th December, 2015, he had agreed to make payment of Rs.3,00,000/ for which three bank drafts have been brought each of Rs.1,00,000/ of Allahabad Bank, Chhipodhar branch dated 11th December, 2015 have been brought before this Court by the counsel for the respondenthusband. Thus, the three bank drafts each of Rs.1,00,000/ brought on behalf of the respondenthusband are handed over to the counsel for the appellantwife who shall give acknowledgement of the same. The wife of the respondent is also present in the Court and she is accepting the same. Counsel for the respondenthusband has submitted that they shall make the payment of Rs.2,25,000/ on or before 31st March, 2016 in two equal instalments.
(3.) The terms and conditions, which have been mentioned by the Conciliator of Jharkhand State Legal Services Authority, Ranchi, are as under: (i) That both the appellant and the respondent agreed to file joint compromise petition in the Hon'ble High Court in the First Appeal No.110 of 2013, pending before the Hon'ble Court for mutual divorce. (ii) That the respondent husband agreed to pay Rupees five lakhs and twenty five thousand only to his appellant wife towards one time settlement, alimony, maintenance and compensation. The aforesaid agreed amount of Rs.5,25,000 (Rs. Five lacs and twenty five thousand only) will be paid by the respondent husband to his appellant wife by way of Bankdraft payable in her name in three installments within three months to which the appellant wife also accepted. (iii) That the first installment of Rupees three lakhs by way of Bankdraft payabe in the name of the appellant will be paid by the respondent husband to the appellant wife on the date of the hearing of this case on 14.12.2015, before the Hon'ble Court. (iv) That the rest two installments will be paid by the respondent husband to his appellant wife by way of Bankdraft in the name of the appellant within March, 2016 in two equal installments. The date of the second and third installment will be fixed by the Hon'ble Court on which dates the respondent husband gave undertaking and agreed to pay the rest balance amount of Rupees two lakhs twenty five thousand only to the appellant wife on the date fixed by the Hon'ble Court. (v) That after the full and final payment of agreed amount of Rupees five lakhs and twenty five thousand only by the respondent husband to his appellant wife, both will file joint Petition for mutual divorce U/s 13 B of Hindu Marriage Act in the present case for mutual divorce decree, before the Hon'ble Court. (vi) That both the appellant and the respondent agreed to file joint compromise Petition between them, which are filed by the appellant and the respondent against each other and will get those cases disposed of in the light of the above settlement. (vii) That alternatively both the parties are at liberty to file separate mutual divorce Petition U/s 13 B of Hindu Marriage Act before the Family Court Daltonganj after withdrawal of this case, if they desire. (viii) That after obtaining the divorce-decree, both the parties are at liberty to lead their own lives according to their wishes. (ix) That there will be no further claims or counter-claims against each other in future by either parties, after this settlement. (x) That the appellant wife and the respondent husband shall have no any claims whatsoever in future with regard to the movable and immovable property of each other. (xi) That the above settlements have been arrived between the parties at their sweet-will and without any undue influence.";