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Rajasthan High Court - Jodhpur

Smt. Manju vs Khushal Singh on 4 July, 2018

Bench: Pradeep Nandrajog, Vinit Kumar Mathur

    HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                     JODHPUR
              D.B. Civil Misc. Appeal No. 1310/2015

Smt. Manju wife of Khushal Singh, by caste Ravana Rajput,
resident of C/o Arjun Singh, House No. 107, Arihant Nagar, Pal
Road, Jodhpur.
                                                      ----Appellant
                                Versus
Khushal Singh son of Banshi Lal @ Banshi Singh, by caste
Ravana   Rajput,    resident    of    Somnath   Nagar,    1 st     Line,
Bhuwneshwari       Transport,    Bahrampur      Ganzam,          Orissa,
Commercial Address (1) Khushal Bangles Stores, Ashanka Road,
Bahrampur Ganzam, Orissa, (2) Khushal Jewellers, Ashanka
Road, Bahrampur Ganzam, Orissa, (3) Jagannaath Stones,
Meervo, Kalba Road, Bahrampur Ganzam, Orissa.
                                                   ----Respondent
                         Connected With
              D.B. Civil Misc. Appeal No. 1250/2015


Khushal Singh Rathore S/o Banshi Lal @ Banshi Singh, Age -
36 years, by caste - Rawana Rajput, Resident of Somnath
Nagar, 1st Line, Behind the Bhuvneshwari Transport, Post-
Brahampur-2, District Ganjam, Orissa.
                                                      ----Appellant
                                Versus
Smt. Manju W/o. Khushal Singh, by caste Rawana Rajput,
resident of   H. No. 107, Arihant Nagar, Pal Road, Jodhpur in
care of Arjun Singh.
                                                  ----Respondent

          D.B. Civil Misc. Appeal No. 1313/2015


Smt. Manju wife of Khushal Singh, by caste Ravana Rajput,
resident of C/o Arjun Singh, House No. 107, Arihant Nagar, Pal
Road, Jodhpur.
                                                      ----Appellant
                                Versus
Khushal Singh son of Banshi Lal @ Banshi Singh, by caste
Ravana   Rajput,     resident    of   Somnath   Nagar,    1 st    Line,
                                    (2 of 3)           [CMA-1310/2015]


 Bhuwneshwari       Transport,    Bahrampur    Ganzam,     Orissa,
 Commercial Address (1) Khushal Bangles Stores, Ashanka
 Road, Bahrampur Ganzam, Orissa, (2) Khushal Jewellers,
 Ashanka Road, Bahrampur Ganzam, Orissa, (3) Jagannaath
 Stones, Meervo, Kalba Road, Bahrampur Ganzam, Orissa.
                                                  ----Respondent


For Appellant(s)        :   Mr. D.S. Baghela
For Respondent(s)       :   Mr. Rameshwar Dave




     HON'BLE THE CHIEF JUSTICE MR.PRADEEP NANDRAJOG
         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 04/07/2018

1. Smt. Manju and Shri Khushal Singh along with their counsel are present in the Court today.

2. Two appeals filed by Smt. Manju challenge an order dated 06/06/2015 dismissing her petition seeking restitution of conjugal rights and allowing petition filed by Shri Khushal Singh seeking divorce. Shri Khushal Singh challenges the same order dated 06/06/2015 in so far ₹15 lakh permanent alimony has been granted to Smt. Manju and for the child born to the couple.

3. Parties who are present in person state that they have agreed to resolve the dispute. Smt. Manju is prepared to withdraw both the appeals. Shri Khushal Singh has agreed to pay Smt. Manju ₹ 20 lakhs (Twenty Lakh) as permanent alimony and all other dues in full and final satisfaction of her claims. Two cheques presentable on 05/07/2018 and 05/08/2018 in sum of ₹ 10 lakhs each drawn on Bank of Baroda, Branch Braj Nagar, Brahmpur, Orissa have already been received by Smt. Manju. She confirms (3 of 3) [CMA-1310/2015] said fact. The two cheques in sum of ₹ 10 lakhs each would be in satisfaction of the agreement between the parties.

4. As prayed by the parties and their counsel, the appeals filed by Smt. Manju are dismissed as withdrawn so also the appeal filed by Shri Khushal Singh.

5. We make it clear to Shri Khushal Singh that if the two cheques issued by him are dishonoured, even if one is dishonoured, he would be liable to be proceeded against for contempt because of the fact that his assurance that two cheques would be honoured has been accepted by the Court while permitting Smt. Manju not to press the two appeals filed by her. (VINIT KUMAR MATHUR),J (PRADEEP NANDRAJOG),CJ Sanjaysolanki, srpa Powered by TCPDF (www.tcpdf.org)