FIRST APPEAL No. 156 of 2008 · Madhya Pradesh High Court

The trial Court vide order dated 28.01.2008 declared the marriage between the appellant and the respondent to be null and void subject to payment of Rs.1,50,000/- by the appellant to the respondent within a period of 2 months by way of permanent alimony. By the compromise application, the parties have sought modification of the decree to the extent that the declaration of marriage to be null and void be maintained, however, since the respondent wife is forgoing her claim about the maintenance amount, the condition to that extent be deleted. As per the compromise, it has been agreed between the parties that towards maintenance of their minor child Shreyas who is living with the respondent, the appellant shall pay Rs.1,05,000/- as lump sum amount as full and final settlement and as a result of such payment the respondent shall not be entitled to claim any further amount for maintenance of the child and the amount of Rs.1,000/- per month which has been ordered to be paid by the appellant vide order dated 14.08.2007 in a proceeding under Section 125 of the Cr.P.C. shall also stand cancelled/revoked. Today a statement has been made by the appellant that as recorded in the compromise application the appellant has received Rs.1,05,000/- from the respondent towards full and final settlement of maintenance amount for the child and she is forgoing any further claim of maintenance to her and to her child. She also stated that in view of this settlement the order dated 14.08.2007 passed in the proceedings under Section 125 also be revoked. We have recorded the statement of the parties. They have stated that they have signed the comprise application by their free will. The compromise appears to be lawful and as such the same is accepted. Having gone through the application supported by affidavit and the contentions raised by the learned counsel for the parties and the parties who are present before us, we allow the application and modify the order/decree passed by the trial Court to the extent indicated in I.A.No.6804/2012 recording the fact that the amount of Rs.1,05,000/- mentioned in it has been paid by the appellant to the respondent. I.A.No.6804/2012 shall form part of the decree with aforesaid modification. The appeal stands disposed of. Cc within three days. (Shantanu Kemkar) Judge (Prakash Shrivastava) Judge AM.