Smt Kanti Devi v. Raj Kumar under section

1. Heard learned counsel for the parties and gone through the record.

2. The present application has been preferred seeking following main relief(s):- "(i) To direct the Case No.806 of 2023 "Smt Kanti Devi Vs. Raj Kumar under section 125 (iii) of Cr.P.C., pending before Principal Judge, Family Court, Unnao to be transferred to any other court of nearby district."

3. It appears that on the basis of the submissions made by the learned counsel for the parties, this Court vide its order dated 27.09.2024, corrected vide order dated 06.12.2024, referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The order dated 27.09.2024 is extracted hereunder:- "Heard learned counsel appearing for the applicant, learned AGA for the State of U.P. and perused the record. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased:-(I)To direct the Case No.806 of 2023 "Smt Kanti Devi Vs. Raj Kumar" under section 125 (iii) of Cr.P.C., pending before Principal Judge, Family Court, Unnao to be transferred to any other court of nearby district." Learned Counsel for the applicant submitted that on account of matrimonial dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicant is ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicant further stated that applicant would deposit an amount to the tune of Rs. 35,000/- within two weeks before the Mediation and Conciliation Centre of this Court. 2 TACR No. 91 of 2024 Considering the submissions advanced by the learned counsel appearing for the applicant including that the dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration. It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 04.11.2024. The applicant shall deposit an amount of Rs. 35,000/- before the Mediation and Conciliation Centre of this Court, within two weeks, which shall be released in favour of the opposite party No. 2. Issue notice to the opposite party/Smt. Kanta Devi, returnable at an early date. Steps in this regard be taken within seven working days. List/put up this case before this Court on 19.12.2024 as fresh alongwith mediation report in this regard. It is also made clear that pendency of the present application, shall not be treated as interim protection to the applicant and it is open for the trial court to proceed in accordance with law including the observations made by the Hon'ble Apex Court in the case of Anju Garg and another vs. Deepak Kumar Garg reported in 2022 SCC OnLine SC 1314."

4. It also appears that in compliance of order of this Court dated 27.09.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 31.07.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement/settlement voluntarily.

5. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:- "A. That both the parties namely Raj Kumar @ Raj Kumar Gautam (First Party/husband) and Kanti Devi (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future. For the purpose of dissolution of their marriage, the parties have filed a joint petition for divorce with mutual consent bearing Matrimonial Case No.911 of 2025(Raj Kumar Vs. Smt. Kanti Devi) U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Unnao. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.6,00,000/- (Rupees Six Lakhs only) towards one time full and final settlement of all the claims the Second Party against the First Party including the claim temporary/permanent alimony. C. That the parties have agreed that the aforesaid amount of Rs.6,00,000/- (Rupees Six Lakhs only) would be be paid by the First Party/husband to the Second Party/wife in two installments. First installment of Rs.4,00,000/- (Rupees Four Lakhs only) would be paid on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court Lucknow and the second installment of Rs.2,00,000/-(Rupees Two Lakhs only) would be paid by the 3 TACR No. 91 of 2024 First Party to the Second Party on or before the second/final motion(decree of divorce) of the Matrimonial Case No.911 of 2025(Raj Kumar Vs. Smt. Kanti Devi) U/S 13-B Hindu Marriage Act, 1955 pending Principal Judge, Family Court, Unnao. D. That the First Party has handed over three Demand Drafts to the Second Party i.e. 31.07.2025 towards payment of aforesaid installment of Rs.4,00,000/- (Rupees Four Lakhs only) in place of old Demand Drafts bearing No.487710, 487628 and 487601 drawn on State Bank of India. The details of the Demand Drafts are mentioned hereunder: (i) D. D. No.487942 dated 18.07.2023 amounting to Rs.1,00,000/- (Rupees One Lakh only) drawn on State Bank of India, Unnao. (ii) D. D. No. 487943 dated 18.07.2025 amounting to Rs.2.00,000/- (Rupees Two Lakhs only) drawn on State Bank of India, Unnao"

6. Considering the aforesaid as also the submissions made by learned counsel for the parties, the instant application is disposed of in terms of the settlement/agreement entered into between the parties, which shall form part of this order. October 27, 2025 Jyoti/- (Saurabh Lavania,J.)

1. Heard learned counsel for the parties and gone through the record.

2. The present application has been preferred seeking following main relief(s):- "(i) To direct the Case No.806 of 2023 "Smt Kanti Devi Vs. Raj Kumar under section 125 (iii) of Cr.P.C., pending before Principal Judge, Family Court, Unnao to be transferred to any other court of nearby district."

3. It appears that on the basis of the submissions made by the learned counsel for the parties, this Court vide its order dated 27.09.2024, corrected vide order dated 06.12.2024, referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The order dated 27.09.2024 is extracted hereunder:- "Heard learned counsel appearing for the applicant, learned AGA for the State of U.P. and perused the record. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased:-(I)To direct the Case No.806 of 2023 "Smt Kanti Devi Vs. Raj Kumar" under section 125 (iii) of Cr.P.C., pending before Principal Judge, Family Court, Unnao to be transferred to any other court of nearby district." Learned Counsel for the applicant submitted that on account of matrimonial dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicant is ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicant further stated that applicant would deposit an amount to the tune of Rs. 35,000/- within two weeks before the Mediation and Conciliation Centre of this Court. 2 TACR No. 91 of 2024 Considering the submissions advanced by the learned counsel appearing for the applicant including that the dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration. It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 04.11.2024. The applicant shall deposit an amount of Rs. 35,000/- before the Mediation and Conciliation Centre of this Court, within two weeks, which shall be released in favour of the opposite party No. 2. Issue notice to the opposite party/Smt. Kanta Devi, returnable at an early date. Steps in this regard be taken within seven working days. List/put up this case before this Court on 19.12.2024 as fresh alongwith mediation report in this regard. It is also made clear that pendency of the present application, shall not be treated as interim protection to the applicant and it is open for the trial court to proceed in accordance with law including the observations made by the Hon'ble Apex Court in the case of Anju Garg and another vs. Deepak Kumar Garg reported in 2022 SCC OnLine SC 1314."

4. It also appears that in compliance of order of this Court dated 27.09.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 31.07.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement/settlement voluntarily.

5. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:- "A. That both the parties namely Raj Kumar @ Raj Kumar Gautam (First Party/husband) and Kanti Devi (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future. For the purpose of dissolution of their marriage, the parties have filed a joint petition for divorce with mutual consent bearing Matrimonial Case No.911 of 2025(Raj Kumar Vs. Smt. Kanti Devi) U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Unnao. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.6,00,000/- (Rupees Six Lakhs only) towards one time full and final settlement of all the claims the Second Party against the First Party including the claim temporary/permanent alimony. C. That the parties have agreed that the aforesaid amount of Rs.6,00,000/- (Rupees Six Lakhs only) would be be paid by the First Party/husband to the Second Party/wife in two installments. First installment of Rs.4,00,000/- (Rupees Four Lakhs only) would be paid on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court Lucknow and the second installment of Rs.2,00,000/-(Rupees Two Lakhs only) would be paid by the 3 TACR No. 91 of 2024 First Party to the Second Party on or before the second/final motion(decree of divorce) of the Matrimonial Case No.911 of 2025(Raj Kumar Vs. Smt. Kanti Devi) U/S 13-B Hindu Marriage Act, 1955 pending Principal Judge, Family Court, Unnao. D. That the First Party has handed over three Demand Drafts to the Second Party i.e. 31.07.2025 towards payment of aforesaid installment of Rs.4,00,000/- (Rupees Four Lakhs only) in place of old Demand Drafts bearing No.487710, 487628 and 487601 drawn on State Bank of India. The details of the Demand Drafts are mentioned hereunder: (i) D. D. No.487942 dated 18.07.2023 amounting to Rs.1,00,000/- (Rupees One Lakh only) drawn on State Bank of India, Unnao. (ii) D. D. No. 487943 dated 18.07.2025 amounting to Rs.2.00,000/- (Rupees Two Lakhs only) drawn on State Bank of India, Unnao"

6. Considering the aforesaid as also the submissions made by learned counsel for the parties, the instant application is disposed of in terms of the settlement/agreement entered into between the parties, which shall form part of this order. October 27, 2025 Jyoti/- (Saurabh Lavania,J.)