Patna High Court - Orders
Abhinav Kumar vs Richa Sindhu on 8 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.289 of 2019
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Abhinav Kumar S/o Mr. B. Kumar Resident of F-4, Madhav Apartment Durga
Mandir Road, P.o. and P.s.- Heerapur, Distt.- Dhanbad (Jharkhand), at present
resident of Flat No. 1202 A Wing, Bhumi Heights, Sector 8, P.o. and P.s.-
Kharghar, Distt.- Navi Mumbai, Maharashtra-410210
... ... Appellant/s
Versus
Richa Sindhu D/o Sindhu Kumar singh Resident of Professor Colony, Pipra
Saraswati Nagar, P.o. and P.s.- Ward No. 16, Distt.- Begusarai, Bihar-851101
... ... Respondent/s
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with
Miscellaneous Appeal No. 366 of 2019
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Richa Sindhu D/o Sri Sindhu Kumar Singh R/o- Ward No. 16, New Professor
Colony, Nirala Nagar, Dumari, P.S.- Begusarai, District- Begusarai.
... ... Appellant/s
Versus
Abhinav Kumar S/o- Dr. B. Kumar R/o- F-4 Madhav Appartment, Durga
Mandir Road, Hirapur, Dist. Dhanbad, Presently Posted as Asst. Execittive
Engineer (Production), O.N.G.C., Panvel, Navi Mumbai, Residing in Flat
No.- 1202 A Wing Bhoomi Hights Sector- B, Kharghar- Navi Mumbai,
Permanant resident of Village- Naokothi, P.S.- Naokothi, District- Begusarai
(Bihar).
... ... Respondent/s
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Appearance :
(In Miscellaneous Appeal No. 289 of 2019)
For the Appellant/s : Mr. Apurv Harsh
For the Respondent/s : Mr. Shubhesh Pandey
(In Miscellaneous Appeal No. 366 of 2019)
For the Appellant/s : Mr. Shubhesh Pandey
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
7 08-12-2023On 24.11.2023, we have passed the following order:
"Both the appeals heard in part.
2. Pursuant to our previous order Patna High Court MA No.289 of 2019(7) dt.08-12-2023 2/6 respective parties namely Abhinav Kumar and Richa Sindhu are present with their respective counsels. There was a proposal for settlement among the parties. Appellant-husband namely Abhinav Kumar is not interested in pursuing Miscellaneous Appeal No. 289 of 2019 insofar as questioning the Principal Judge, Family Court, Begusarai Judgment dated 29.03.2019 passed in Matrimonial Case No. 34 of 2017, in the guise of settlement. In the connected Miscellaneous Appeal No. 366 of 2019 filed by wife- Richa Sindhu, she has sought for enhancement of permanent alimony of Rs. 21,00,000/-(Twenty One Lacs). Initially, she has given a proposal for settlement at Rs. 50,00,000/- (Fifty Lacs) and the same was not to the satisfaction of her husband-Abhinav Kumar. Therefore, we have asked him to give his proposal and he had expressed to pay Rs. 35,00,000/- (Thirty Five Lacs) via media. We have suggested for payment of Rs. 40,00,000/- (Forty Lacs) for which respective parties have agreed. Taking note of these material information, respective parties are hereby directed to furnish memorandum of settlement under Order 23 Rule 2 of CPC before the next date of hearing. Before finalizing the memorandum of settlement, a draft memorandum of settlement shall be prepared by the counsel for the appellant- husband and the same shall be communicated to the learned counsel for the wife of the appellant-Abhinav Kumar. Such exercise shall be undertaken by the respective parties within a period of one week from today.
3. Re-list this matter on 08.12.2023 at Patna High Court MA No.289 of 2019(7) dt.08-12-2023 3/6 2.15 P.M. in Chamber. On that day, both the parties shall remain physically present in the Court."
2. Today appellant - Mr. Abhinav Kumar is not present due to medical emergency and he has been held up in Agartala, Tripura, therefore, he has requested his mother Poonam Kumar to present the application and plead the case on his behalf and to seek exemption from appearance. To that effect, an application has been filed by Poonam Kumar wife of Birendra Kumar aged about 69 years, Resident of Village F - 4 Madhav Apartments, Durga Mandir Road, Hirapur, Dhanbad, Jharkhand. Accordingly, application filed under Section 151 of the CPC supported by an affidavit along with Annexure - P 1 and P 2 has been taken on record and I.A. stands allowed.
3. An application under Order XXIII, Rule II and Rule III of the CPC is filed. However, it has not been signed on behalf of the appellant - Abhinav Kumar, obviously for the reasons that he is in medical emergency at Agartala, Tripura.
The same is also taken on record.
4. However, the application is supported by affidavits sworn by respondent - Richa Sindhu and Poonam Kumar. The same is taken on record for the purpose of compromise and settlement of permanent alimony between the appellant - Patna High Court MA No.289 of 2019(7) dt.08-12-2023 4/6 Abhinav Kumar and respondent - Richa Sindhu. Details of the permanent alimony amount of Rs. 40,00,000/- (Rupees Forty Lakhs) and installments and certain conditions are narrated in paragraph 5 and it reads as under:
"5. That, the present compromise entered into between the parties herein, is lawful and the same is given herein below as per the terms agreed by mutual consent.
(i) That, the parties have agreed to settle the dispute with regard to amount of permanent alimony amount that the husband Abhinav Kumar has agreed to pay Permanent alimony amount of Rs. 40,00,000/- (Forty lakh rupees) instead of Rs. 21,00,000/- (Twenty one lakh rupees), as awarded by the Ld. Principal Judge.
(ii) That the Appellant Abhinav Kumar has agreed to pay Rs. 21,00,000/- (Twenty one lakh rupees) on the date of signing of settlement and the rest Rs. 19,00,000/- (Nineteen Lakh Rupees) Appellant will pay within 6 months from the date signing of the settlement in three equal installments at intervals of 2 months each, but not exceeding 90 days from date of settlement to start with.
(iii) That meanwhile in these 6 months Petitioner Respondent wife Richa Sindhu will not press or proceed further in any of the cases.
(iv) That meanwhile the Respondent wife Richa Sindhu (Defendant herein and Appellant in M.A. No. 366/2019) will withdraw all the criminal cases against the Appellant Abhinav Kumar and/or his family members, after receiving the whole amount of Permanent alimony.
(v) That after the full payment of Permanent alimony amount as per the settlement deed the wife shall withdraw the cases file before Begusarai court i.e. Cr. Complaint 1804/2017, Cr. Complaint 485/2017 (filed by the father of the wife), Cr. Complaint Case 1331 of 2023 (Filed by Richa Patna High Court MA No.289 of 2019(7) dt.08-12-2023 5/6 Sindhu) and any other cases instituted by Richa Sindhu or her parents.
(vi) That after payment of the entire amount, the parties undertake to leave each other in peace, without any interference or trouble and would not institute any suit/criminal case in future on each other, including family members.
(vii) That after signing of the settlement, the parties shall not press their respective Miscellaneous Appeals on merit and the same shall be disposed off in terms of the present settlement."
5. In view of these later developments, judgment in MT Divorce Case No. 34 of 2017 on the file of Principal Judge, Family Court, Begusarai dated 29.03.2019 stands modified insofar as enhancement of permanent alimony amount from Rs.
21 lakhs to that of Rs. 40 lakhs is concerned without disturbing the remaining order. Accordingly, these two appeals stands disposed of.
6. The appellant - Abhinav Kumar is hereby directed to file his personal affidavit before 05.01.2024 appraising that he had requested his mother to appear and plead on his behalf and he is aware of the present proceedings dated 08.12.2023.
For the purpose of filing of personal affidavit and its perusal, list this matter only for compliance on 05.01.2024.
7. In the event of any violation of conditions on behalf of the appellant - Abhinav Kumar, the respondent - Richa Sindhu is permitted to file interlocutory application to receive Patna High Court MA No.289 of 2019(7) dt.08-12-2023 6/6 this order as and when it is violated.
8. In the event of non-compliance of conditions stipulated in the compromise deed or settlement on behalf of respondent - Richa Sindhu, appellant - Abhinav Kumar is also at liberty to file interlocutory application to revive this order.
9. Towards terms of compromise, three cheques amounting Rs. 10,00,000/- (Ten Lakhs), Rs. 10,00,000/- (Ten Lakhs) and 1,00,000/- (One Lakh) of State Bank of India, drawn in favour of Richa Sindhu have been handed over to respondent - Richa Sindhu who is present in the Court. The matter stands disposed of. Parties are directed to abide by their undertaking in terms of their compromise application.
(P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./-
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