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Showing contexts for: mutual divorce in Usha Pandey And Others vs State Of U.P. And Another on 24 February, 2025Matching Fragments
(d) That as agreed parties have filed a mutual divorce petition No. 2153/2022 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Allahabad and produced the certified copy of the same which is annexed to this Settlement Agreement for kind perusal of the Court.
(e) That it has been agreed between the parties that the remaining amount Rs.75000/- (Rupees seventy five thousand only, (2 Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.
(h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement and also not litigate in future in connection with this case."
4. In view of the aforesaid settlement agreement, Smt. Sadhana Pandey, wife, opposite party no.2, had agreed to settle the dispute accepting (one time) permanent alimony including Stridhan Rs.1.50/- Lakhs (Rupees one lakh fifty thousand only).
5. Demand draft of Rs.75,000/-, bearing No.974740 dated 25.08.2022 issued by Overseas Bank drawn in favour of the wife was handed over to the wife before the Mediation Centre. Pursuant to the terms and conditions mentioned in the aforesaid settlement agreement, mutual divorce petition was also filed. Certified copy of which was placed before the Mediation Centre. It was agreed between the parties that remaining amount of Rs.75,000/- shall be paid by way of demand draft in favour of the wife at the time of final judgement of the mutual divorce petition in the Family Court. The parties also agreed to withdraw all the cases filed against each other and would have no further claim against each other of any nature.
6. Despite the fulfillment of conditions for filing the mutual divorce petition, it appears that in the present case the applicants were being harassed and proceedings were being continued against them and there was also a fear of their arrest at the time of appearing for payment of remaining amount of Rs.75,000/- before the Family Court in the mutual divorce petition as filed. Therefore, applicants had approached this Court on 17.09.2024 and the following order was passed:-
"1. Heard learned counsel for the applicants and learned A.G.A. for the State are present.
"Heard Mr. Neeraj Kumar Pandey, learned counsel for the applicants, Mr. Arun Kumar Mishra, learned counsel for the opposite party no.2 and Mr. Mayank Awasthi, learned counsel for the State.
Learned counsel for the applicants submits that as per the settlement agreement dated 01.11.2022 remaining amount of Rs.75,000/- (second installment) was to be paid by the husband to the wife by way of demand draft drawn in her favour at the time of final judgement of mutual divorce petition in the family Court and it was also agreed that all the civil and criminal cases filed by the parties against each other shall be withdrawn by them. He further submits that applicants could not appear in few dates before the Court concerned in the mutual divorce petition filed by the parties and they are ready and willing to bring the draft of Rs.75,000/- in favour of opposite party no.2 before this Court on the next date i.e. 24.02.2025 to show their bona fide.