Allahabad High Court
Suyash Agarwal vs Smt. Monika Agarwal on 4 October, 2024
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:162960-DB Court No. - 39 Case :- FIRST APPEAL No. - 377 of 2007 Appellant :- Suyash Agarwal Respondent :- Smt. Monika Agarwal Counsel for Appellant :- Pramod Kumar Sharma,Abhinav Gaur,Anoop Trivedi,Tarun Agrawal,Vibhu Rai Counsel for Respondent :- Irfan Hasan,D.R. Jaiswal,D.V. Jaiswal,Satendra Kumar -I,Sharad Malviya With Case :- FIRST APPEAL No. - 378 of 2007 Appellant :- Suyash Agarwal Respondent :- Smt. Monika Agarwal Counsel for Appellant :- Pramod Kumar Sharma,Abhinav Gaur,Anoop Trivedi,Tarun Agrawal,Vidhya Dhar Yadav Counsel for Respondent :- D.V. Jaiswal,Satendra Kumar -I,Sharad Malviya With Case :- FIRST APPEAL No. - 561 of 2018 Appellant :- Suyash Agrawal Respondent :- Smt. Monika Agrawal And Another Counsel for Appellant :- Anoop Trivedi (Senior Adv.),Saksham Srivastava Counsel for Respondent :- Satendra Kumar Hon'ble Saumitra Dayal Singh,J.
Hon'ble Donadi Ramesh,J.
1. Heard Sri Vibhu Rai learned counsel for the appellant and Sri D.V. Jaiswal learned counsel for the respondent.
2. First Appeal No. 377 of 2007 has been filed under Section 19 of the Family Courts Act, 1984 arising from the judgment and order dated 29.9.2007 passed by the Principal Judge Family Court, Moradabad in O.S. No. 28 of 2002 (Suyash Agarwal Vs. Monika Agarwal) whereby the divorce suit filed by the appellant has been dismissed. First Appeal No. 378 of 2007 has been filed under Section 19 of the Family Courts Act 1984 arising from the judgment and order dated 29.9.2007 passed by the Principal Judge Family Court, Moradabad in Case. No. 29 of 2002 (Monika Agarwal Vs. Suyash Agarwal) whereby the learned trial court has granted decree of restitution of conjugal rights. First Appeal No. 561 of 2018 (Suyash Agarwal Vs. Monika Agarwal) has been filed under Section 19 of the Family Courts Act, 1984 arising from the order dated 07.7.2018 passed by the Principal Judge Family Court, Moradabad in Case Crime No. 494 of 2008 under Section 18/20 of The Hindu Adoptions and Maintenance Act, 1956, whereby the learned trial Court has awarded maintenance in favour of the respondent.
3.During pendency of these proceedings, another divorce case proceedings being Case No. 368 of 2022 (Monika Agarwal Vs. Suyash Agarwal has been instituted by the respondent seeking dissolution of marriage between the parties.
4. Upon the above fact coming to the knowledge of the Court, in these proceedings we passed the below quoted order on 22.8.2024:
"1. This is an old appeal.
2. Shri Vibhu Rai, learned counsel for the appellant sates, while First Appeal Nos. 377 of 2007 and 378 of 2007, both filed by Suyash Agarwal (husband) have remained pending arising from decree of restitution of conjugal rights and rejection of divorce suit instituted by the appellant, in the meanwhile, the respondent/wife has instituted separate divorce suit proceeding being Case No. 368 of 2022 (Smt. Monika Agarwal v. Suyash Agarwal), under Section 13(1-A) of the Hindu Marriage Act, 1955. It is pending before the Family Court at Moradabad.
3. On the other hand, Shri Satendra Kumar-I, learned counsel for the respondent states that another first appeal being First Appeal No. 561 of 2018 filed by the present appellant against maintenance awarded, is also pending before this Court.
4. In view of the facts noted above, it appears that interest of justice would be better served if the parties are given one opportunity to settle their dispute through mediation.
5. Accordingly, subject to the appellant depositing Rs. 5000/- towards mediation cost along with a copy of this order within a period of one week from today before the Mediation Centre attached to this Court, both parties may appear before the Mediation Centre on 31.08.2024 and 01.09.2024. The Mediation Centre may make best efforts to conclude the proceedings, expeditiously.
6. Put up on 12.09.2024, peremptorily.
7. It is made clear, in absence of settlement reached, matter may not be adjourned any further. In that, respondent may first inform the Court if separate divorce suit proceeding has been instituted by the wife."
5. In compliance to the above order, mediation took place between the parties. Final settlement dated 07.9.2024 has been reached between them. Paragraphs-8 and 9 of the said settlement agreement read as below:
"8. The following settlement has been arrived at between the Parties hereto:-
a) That both the parties have agreed to live separately and mutually settled to dissolve their marriage and in this regard Suyash Agarwal (Appellant-Husband) shall pay an amount of Rs.30,00,000/- (Rupees Thirty Lakh only) to Smt. Monika Agarwal (Respondent-Wife) towards one time permanent alimony including Stridhan and all her other financial claims. The aforesaid amount shall be paid by way of demand drafts in her favour.
b) That today i.e. 07.09.2024, the appellant-husband has paid Rs. 5,00,000/- (Rs. Five Lakh only) through RTGS with UTR No. AUCBR 52024090705600038 in the account of Smt. Monika Agarwal (Respondent-Wife) bearing account No. 780010110003238 and Smt. Monika Agarwal (Respondent-Wife) has acknowledged the aforesaid RTGS amount.
c) That it has been agreed between the parties that the remaining amount i.e. Rs.25,00,000/- (Rupees Twenty Five Lakh only) shall be paid by the appellant-husband to the respondent-Wife by way of demand draft before the Hon'ble Court within one month from today.
d) That the respondent-wife will have no objection, if upon the condition 8(c) being fulfilled the Hon'ble Court pleases to allow the present First Appeal No. 377 of 2007.
e) That both the parties agreed that they have no objection, if the instant settlement forms part of the decree of divorce.
f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
g) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse.
9.-By signing this Agreement the Parties hereto state that the First Appeal No. 377 of 2007 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."
6. Admittedly, the respondent has received Rs. Five Lakhs during mediation proceedings. Today, Demand Draft for balance amount of Rs. 25 Lakhs dated 21.9.2024 (in favour of respondent) drawn on Almora Urban Cooperative Bank bearing No. 249318 has been produced. Same has been handed over to learned counsel for the respondent for onward communication and encashment by the respondent.
7. In view of settlement reached, First Appeal No. 377 of 2007 is allowed. The marriage between the parties is dissolved against payment of permanent alimony Rs. Thirty Lakhs and further subject to the terms and conditions of the settlement reached between the parties before the mediation centre attached to this Court. It is further understood that the respondent has no objection to First Appeal No. 378 of 2007 and First Appeal No. 561 of 2022 being allowed.
8. Accordingly, First Appeal No. 378 of 2007 is allowed. The judgment and order dated 29.9.2007 passed by the Principal Judge Family Court, Moradabad in Case. No. 29 of 2002 (Monika Agarwal Vs. Suyash Agarwal) whereby the learned trial court has granted decree of restitution of conjugal rights is set aside. First Appeal No. 561 of 2018 is also allowed, in terms of settlement (noted above).
9. Any amount already paid to the respondent over and above the aforesaid amount may not be recovered from the respondent.
Order Date :- 4.10.2024 Faraz (Donadi Ramesh, J.) (S. D. Singh, J.)