- (1.) THIS appeal has been filed by the appellant-wife against the judgment and decree dated 2-5-1998 passed by the principal Judge, Family Court, Dhanbad in title Matrimonial Suit No. 09 of 1996 whereby the marriage has been dissolved by a decree of divorce under Sections 13 (1) (ia)and (iii) and Explanation (a) and (b) of the hindu Marriage Act, 1955.
(2.) BEFORE taking up the matter for final hearing, we tried for reconciliation between the parties who have been living separately for the last 14 years but they are not ready to restore their relationship.
(3.) HOWEVER, the parties jointly filed a petition and settled the dispute on the following terms and conditions:- "3. That the appellant therefore does not press this appeal in 60 far the decree of divorce is concerned. However, so far claim for maintenance and marriage expenses of the appellant and two daughters are concerned the parties have mutually settled their claim on the following terms and condition :- (a) the respondent shall pay a sum of Rs. 5 lacs for maintenance for the appellant and two daughters. This payment of, maintenance is by way of a one time settlement towards maintenance for the appellant and two daughters. The respondent hereby agrees to pay the aforesaid one time payment of Rs. 5 lacs by 31st October 2007 by way of a Bank draft/a/c payee cheque drawn in favour of the appellant. (b) the respondent further agrees to pay a sum of Rs. 5 lacs drawn in favour of first daughter namely Pragya Singh by way of a draft/a/c payee cheque for purpose of her marriage which the respondent shall pay on or before 31st October 2008. (c) the respondent further agrees to pay a sum of Rs. 5 lacs drawn in favour of second daughter namely Kittu Singh by way of a Draft/a/c payee cheque for purpose of her marriage which the respondent shall pay oh or before 28th February 2010. 4. That the parties shall not have any further claim whatsoever against each other on any account. 5. That both the parties shall faithfully observe and comply the terms of compromise mutual full and final settlement and agree that the instant first appeal may be disposed by recording aforesaid terms and conditions. ";