Purnima Kumari v. Vivek Kumar

Coram:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Appellant : Ms. Kehkashan Afsheen, Advocate For the Respondent : Mr. Sahil, Advocate Order No.05/Dated- 15.09.2025 -----

This appeal is filed under Section 19(1) of the Family Courts Act, 1984.

This appeal is preferred by the appellant-wife only to the extent of the quantum of alimony.

The matter was sent for mediation to the JHALSA as per the order dated 11.07.2025. The mediation report dated

11.09.2025 is available on record at flag ‘X’.

We have gone through the aforesaid report and found that the parties have settled their dispute on the following terms and conditions:- (i) That both the parties are ready to compromised their case and husband/opposite party is ready and willing to pay total amount of Rs.15,00,000/- (Fifteen Lakhs only) to the wife/first party. Mode of payment is given below:- 1 (a) First installment of Rs.7,00,000/- (Seven Lakhs only) will be paid on 15/09/2025 through Demand Draft. (b) 2nd installment/final installment of Rs.8,00,000/- (Eight Lakhs) shall be paid on 09.10.2025 through Demand Draft before Hon’ble High Court in Cr. Rev. 1009/2024 pending before High Court. (c) That Opposite Party/husband shall return back all the articles/belongings to the first party/wife as per the list attached with this terms and conditions on 16/09/2025 and wife will receive the same after verifying the articles. (ii) That both the parties shall withdraw their respective cases before 09.10.2025. Details are given below:- (a) C.P. Case No. 8484/2022 pending before S.D.J.M., at Ranchi. (b) O.M. Case No. 262/2022 pending before Addl. Principal Judge, Ranchi. (iii) That after the said agreement both the parties will lead their life peacefully and uninterruptedly and both the parties will not claim or counter claim against each other. (iv) That both the parties have put their respective signature in presence of guardian/Advocate without any fear, fraud and with free will.

The parties have settled their dispute with respect to the quantum of alimony, which has been agreed in between the parties by enhancing it from Rs.3 Lacs to Rs.15 Lacs which is to be given in two installments. First installment of Rs.7,00,000/- has been agreed to be paid by the husband on

15.09.2025 through demand draft.

Mr. Sahil, learned counsel appearing for the respondent has come with the said demand draft of Rs.7,00,000/- (Rupees 2 Seven Lacs) bearing no. 245927 dated 12.09.2025. The rest of the amount has been agreed to be paid on or before 09th October, 2025.

Learned counsel for the parties, in view of the aforesaid settlement, having been arrived at, has submitted that the instant appeal may be disposed of.

We after having heard the learned counsel for the parties and going through the terms and conditions of settlement is modifying the judgment dated 24th May, 2023, particularly at paragraph-13 thereof, whereby and whereunder the one time permanent alimony has been granted in favour of the appellant-wife to the tune of Rs.3,00,000/- (Rupees Three Lacs) which is being modified to be enhanced to the tune of Rs.15,00,000/- (Rupees Fifteen Lacs).

The first installment of Rs.7,00,000/- (Rupees Seven Lacs) is being paid today and the rest of the amount has been agreed to be paid on or before 09th October, 2025.

The judgment dated 24th May, 2023 is modified to the extent as referred hereinabove.

The learned counsel appearing for the appellant-wife has received the demand draft by furnishing the acknowledgment receipt thereof, having been kept with the learned counsel for respondent-husband and the copy of acknowledgment receipt be kept on record hereinabove.