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Punjab-Haryana High Court

Anju Devi vs Mukesh Kumar on 21 January, 2016

Bench: Rajive Bhalla, Lisa Gill

                 252           IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH

                                                          FAO-M-143-2011
                                                          Date of decision: January 21, 2016


                 ANJU DEVI                                                        ...Appellant

                                                          VERSUS

                 MUKESH KUMAR                                                  ...Respondent


                 CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
                        HON'BLE MRS. JUSTICE LISA GILL

                 Present:      Mr. R.S. Bains, Advocate
                               for the appellant.

                               Mr. M.S. Cheema, Advocate
                               for the respondent.

                 RAJIVE BHALLA, J.(ORAL)

Mr. R.S. Bains, Advocate for the appellant-wife-Anju Devi states, on positive instructions obtained over telephone that the appellant is ready to withdraw her appeal if the respondent agrees to pay Rs.3,00,000/- as permanent alimony, in full and final settlement of all claims of maintenance past, present and future.

Counsel for the respondent states, on instructions from Mukesh Kumar, who is present in Court today, that Mukesh Kumar shall pay Rs.3,00,000/- as permanent alimony if the appellant's brother Ajit Kumar withdraws his criminal complaint pending at Gaya.

Counsel for the respondent once again states, on instructions, that as and when the appellant pays the amount of Rs.3,00,000/- her brother shall withdraw his criminal complaint but has no objection to the withdrawal of the appeal subject to Mukesh Kumar paying Rs.3,00,000/-. MAMTA 2016.01.28 12:23 I attest to the accuracy and integrity of this document FAO-M-143-2011 -2-

We have considered the statements made by counsel for the parties, on instructions. The appeal is dismissed as withdrawn, the impugned judgment and decree is affirmed but with a direction to the respondent-Mukesh Kumar to pay Rs.3,00,000/- to the appellant as permanent alimony. After receipt of this amount the appellant shall ensure that the criminal complaint pending at Gaya is withdrawn. The needful be done within six months from today.

It is made clear to the parties that if they do not abide by their statements the aggrieved party would be entitled to approach this Court for revival of the appeal or for further directions.




                                                                    (RAJIVE BHALLA)
                                                                        JUDGE



                 January 21, 2016                                     (LISA GILL)
                 m. sharma                                              JUDGE




MAMTA
2016.01.28 12:23
I attest to the accuracy and
integrity of this document