JASWINDER KAUR v. TEJENDRA PAL SINGH

according to which the first Installment was to be paid for a sum of Rs. 4,00,000/- (Four Lacs only) by 28.02.09 which would be received by the petitioner on her behalf and on behalf of her son Harshpreet Singh before Hon’ble Court and the Opposite 2 Party shall further pay a sum of Rs. 3,00,000/- (Three Lacs Only) by the 30th of January, 2010 and the last installment of Rs. 3,00,000/- (Three Lacs) shall be paid to the petitioner Harshpreet Singh by the 31st of December, 2010.

5. That however, neither petitioner nor the opposite party could meet at Patna in presence of their counsels on 28.02.2009 for discharging the formalities. Both the petitioner and the opposite mutually agreed

18.03.2009 to be as the date for discharge of the formalities of payment to be made by the opposite party to the petitioner. But unfortunately, the present Civil Revision was listed before this Hon’ble Court beneath several other tied-up matters and could not be taken up on 18.03.2009. As such both the parties mutually agreed over today i.e. 15.04.2009 to be as the date for discharge of the formalities including the payment First Installment settlement amount as aforesaid as well as the Jewelry items by the opposite party to the petitioner.

6. That both the parties further agree to the condition that the Opposite Party shall return the following set of jewelry items to the petitioner before this Hon’ble 3 Court on 15.04.09 at the time of handing over the first installment of maintenance as aforesaid. a) 1 Pc. Necklace – Gold (Double Chained) 2 Bangles (Gold) 1 Pc. Ring (Gold) 1 Pair of ear tops (Gold) b) c) d)

7. That both the parties further agree condition petitioner shall not receive the monthly maintenance of Rs. 3500/- received by her on behalf of her only son right from the month of April, 2009 i.e. as soon as the first installment for a sum of Rs.

4.00 Lacs is paid to the petitioner Opposite Party

15.04.2009.

8. That both the parties further agree petitioner immediately after the receipt of the first installment for herself and on behalf of her minor son Harshpreet Singh

15.04.09 withdraw against all the accused persons, the complaint Case No. 350 of 1995 filed by the petitioner U/s 498A of the I.P.C. and other offences against the Opposite Party and his mother namely Rajendra Kaur, brother namely Amarpal Singh, sister namely Sammi Complaint Case No. 350 of 1995/A forming a split up record of the case against the father of the Opposite namely Sardar 4 Mahendra Singh which is pending in the trial court at the civil court Bhagalpur.

9. That the petitioner further agree that the petitioner shall withdraw the appeal if any filed by the petitioner against the decree of divorce dated 13.12.96 in C.S. No. 11-A/1995 at the Madhya Pradesh High Court or any other court not Opposite Party immediately after the receipt of first installment of alimony by

15.04.09.

10. That both the parties further agree condition petitioner shall not continue to litigate in any manner before any other court against the Opposite Party or their relatives after the first installment is paid to the petitioner by 15.04.09 nor shall raise any other grievance against the Opposite Party or any of his relatives in future before any court of law which if initiated would be null and void and not maintainable in light Order the present petition compromise.

11. That both the parties further agree to the condition that after the receipt of the aforesaid one time alimony cum maintenance for the total sum of Rs. 10,00,000/- (Ten Lacs only), the petitioner and her minor son namely Harshpreet Singh 5 duly represented by the petitioner shall not be left with any other rights or claims against the Opposite party and shall also remain no more entitled to any rights claims maintenance, care on account of livelihood, shelter, clothing, education, health, ceremonials and rituals etc. and any movable or immovable properties/assets. This condition shall always remain valid and binding upon the petitioner and their minor son even after the minor son attains the age of maturity.

12. That the parties further agree that the present petition consist of the terms of compromise arrived at by both the parties after having made submissions before the Hon’ble Court on 21.01.09 and as such both the parties are left with no grievance against each other and undertake to never litigate against each other in any court of law with respect to their matrimonial life, maintenance, children assets/properties belonging to the parties.” As this Court would find that the aforesaid terms and conditions in the compromise petition are legal and also mutually acceptable to each other such compromise in the interest of the parties is 6 fit to be allowed on all scores except one wherein the right of minor son, which has been sought to be sacrificed in paragraph no.11 even in respect of his hereditary right in ancestral properties, which is definitely one impermissible in law. That being so, the aforesaid terms and conditions of the agreement will also bind the minor, the son of the petitioner and the husband-opposite party, without affecting his right either under law of succession and inheritance or even otherwise. Counsel for the husband-opposite party before Court produces instalment of Rupees Four lacs by two bank drafts which have been handed over to the counsel for the petitioner. Counsel also handover the ornaments as mentioned in the agreement which have been received by the wife in presence of her counsel in the Court. Accordingly, this application, in terms of joint compromise petition, stands disposed of. As per terms and conditions of the compromise petition, they will withdraw all 7 pending cases against each other and now when the first installment of the amount has been paid, the petitioner will take steps for withdrawal of the complaint case no. 350/1995 and 350/1995/A but, the final order on the withdrawal of these cases will be passed after full payment of rupees ten lacs. It goes without saying that it will be open for the husband-opposite party to produce this order whereafter the concerned court in the aforementioned criminal cases will await the completion period specified in the agreement before taking any coercive action against the husband-opposite party or his family members. With the aforesaid observations and directions this application as jointly agreed by both the parties is finally disposed of. Rsh (Mihir Kumar Jha, J.)