Chattisgarh High Court
Arun Singh Thakur vs Smt. Mamata Devi Singh 76 Crr/347/2017 ... on 20 April, 2018
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra, Ram Prasanna Sharma
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FAM No. 81 of 2017
Smt. Mamta Singh W/o Shri Arun Singh, Aged About 31 Years
R/o Behind Sharda Gas Agency Kapil Nagar Sarkanda, P.S.
Sarkanda Distt. Bilaspur, Chhattisgarh.
---- Petitioner
Versus
Arun Singh Thakur S/o Late Dukhharan Singh, Aged About 35
Years R/o Village Chhoti Koni Daihanpara Behind Petrol Pump
P.S. Koni, Tahsil And Distt. Bilaspur, Chhattisgarh.
---- Respondent
CRR No. 251 of 2017 Arun Singh Thakur S/o Late Shri Dukhaharan Singh Aged About 35 Years R/o Village- Chhoti Koni, Daihanpara, Behind Patrol Pump, Police Station- Koni, Tahsil And District- Bilaspur, Chhattisgarh.
---- Petitioner Versus
1. Smt. Mamata Devi Singh W/o Shri Arun Singh Aged About 31 Years,
2. Prince Singh Thakur S/o Shri Arun Singh Thakur, Aged About 10 Years Minor Through His Mother- Smt. Mamata Devi Singh W/o Shri Arun Singh, Aged About 31 Years,
3. Ku. Princee Singh Thakur D/o Shri Arun Singh Thakur Aged About 10 Years, Minor Through Her Mother- Smt. Mamata Devi Singh W/o Shri Arun Singh, Aged About 31 Years, All R/o Behind Sharada Gas Agency, Kapil Nagar, Sarkanda, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh. , District : Bilaspur, Chhattisgarh
---- Respondents 2 CRR No. 347 of 2017
1. Smt. Mamta Singh W/o Shri Arun Singh Aged About 31 Years
2. Prince Singh Thakur S/o Shri Arun Singh Aged About 10 Years
3. Ku. Princee Singh Thakur D/o Shri Arun Singh Aged About 10 Years Applicant Nos. 2 & 3 are Minor hence they Are Through their Natural Guardian Smt. Mamta Singh, W/o Shri Arun Singh Aged About 31 Years, All R/o Behind Sharda Gas Agency Kapil Nagar Sarkanda, Police Station Sarkanda District Bilaspur, Chhattisgarh.
---- Petitioner Versus Arun Singh Thakur S/o Late Dukhharam Singh Aged About 35 Years R/o Village Chhoti Koni Daihanpara Behind Petrol Pump Police Station Koni Tahsil And District Bilaspur, Chhattisgarh.
---- Respondents For Smt. Mamta Singh Shri Ramakant Pandey, Advocate For Arun Singh Thakur Shri R.R. Soni, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Ram Prasanna Sharma Order On Board By Prashant Kumar Mishra J.
20/04/2018
1. Heard.
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2. FAM No.81 of 2017 arises out of a decree of divorce granted by the trial Court on an application under Section 13 of the Hindu Marriage Act preferred by the respondent husband Arun Singh Thakur.
3. CRR No.347 of 2017 has been preferred by wife Smt Mamta Singh seeking enhancement of the amount of maintenance under Section 127 Cr.P.C. which has been allowed in part by the Court below.
4. CRR No.251 of 2017 has been preferred by Arun Singh Thakur challenging the order passed by the Family Court under Section 127 Cr.P.C. partly allowing the application in favour of Smt Mamta Singh and two children.
5. The parties were referred for mediation which has been reported to be successful. A mutual settlement has been arrived at between the parties which is reduced to writing by the Mediation Centre of the High Court on 18.09.2017. The settlement is signed by both the parties and the mediator.
6. In view of the settlement, the decree of divorce allowed in favour of Arun Singh Thakur dissolving his marriage with Smt Mamta Singh is set aside; instead a decree of divorce in the terms of settlement is allowed.
7. Similarly, the amount of maintenance which Arun Singh Thakur has agreed to pay to his wife and one child namely Prince Singh Thakur shall bind the parties and the impugned order of maintenance passed by the Family Court is set aside. The part of 4 the settlement governing maintenance shall operate between the parties.
8. In FAM No.81 of 2017, the impugned decree is substituted by a decree of divorce in terms of the settlement.
9. The entire settlement shall form part of the decree.
10. Accordingly, all the three matters are disposed of in the terms as stated supra. A decree be drawn in terms of settlement.
Sd/- Sd/-
Judge Judge
Prashant Kumar Mishra Ram Prasanna Sharma
Akhilesh