High Court · 2025

and respondent- Shri. Deven Singh Manku are connect ed virt ually.

3. This is an Appeal, filed under Sect ion 19 of t he Fam ily Court Act , 1984 challenging t he j udgm ent dat ed 03.03.2020, passed by learned Principal Judge, Fam ily Court , Dehradun in Original Suit No. 1009 of 2017.

4. By t he said j udgm ent , t he divorce pet it ion filed by husband ( respondent herein) was decreed, however, wit hout any alim ony.

5. The wife has challenged t he j udgm ent on various grounds.

6. Today, t he m at t er list ed Miscellaneous Com prom ise Applicat ion ( I A No. 10022 of 2025) , j oint ly filed by learned counsel for part ies, which is support ed by t he affidavit s of bot h husband and wife.

7. The t erm s of t he com prom ise have been set out in paragraph no. 3 of t he Miscellaneous Com prom ise Applicat ion, which are reproduced herein: - t he “ ( i) That a t ot al sum of Rs. 35,00,000/ - ( Rupees Thirt y- Five Lakhs Only) shall be paid by t he respondent t o t he appellant and t he daught ers, nam ely Ms. Nikit a Kaur and Ms. Sukhm ani Kaur, as a one- t im e perm anent alim ony am ount . Paym ent shall be effect ed by a bank draft in favour of t he appellant in t he following m anner: Rs. 35,00,000/ - ( Rupees Thirt y- Five Lakhs Only) vide Bank Draft dat ed 03.03.2025 bearing inst rum ent no. 484737, drawn on Canara Bank, Branch- Bhaniyawala Branch. ( ii) That t here are cert ain arrears on account of unpaid m ont hly m aint enance since August 2024, t he appellant . The t o respondent t he said am ount of Rs. appellant has paid 1,00,000/ - ( Rupees One Lac) by m eans of anot her dem and draft dat ed 03.03.2025 bearing inst rum ent no. 484736, drawn on Canara Bank, Branch- Bhaniyawala Branch as full and final paym ent of m ont hly m aint enance. ( iii) That t he appellant hereby acknowledges t he receipt of t he afor esaid am ount and confirm s t hat no fur t her claim s shall arise from her or on behalf of t heir daught ers. ( iv) That t he decree as passed by t he learned Court below shall be m aint ained as it is wit h regard t o t he grant of t he divorce and dissolut ion of m arriage bet ween t he part ies, however t he perm anent alim ony am ount shall st and m odified as aforesaid, and t he observat ion m ade by t he learned court below shall not be read against t hus m odified each ot her. The decree be accordingly by t his Hon’ble Court . ( v) That t he appellant confirm s t hat she will vacat e t he propert y locat ed at Manku Residence, Mill Road, Near SBI Doiwala, Dehradun, peacefully and will hand over t he keys t o t he respondent at t he t im e of execut ing t he present com prom ise. ( vi) That upon t he respondent has packed t he appellant ’s household it em s, including a refrigerat or, washing m achine, Godrej alm irah, cooler, sofa set , ut ensils, and quilt s. The respondent is perm it t ed t o arrange a loader delivery service for t ransport ing t hese it em s t o Pat iala, wit h t he cost of t ransport at ion t o be borne by t he appellant alone. t o wit hdraw all ( vii) That bet ween pending t hem selves or t heir fam ily m em bers arising out of or relat ing t o t heir m arit al relat ionship and t he par t ies agree lit igat ions t he appellant ’s request , shall not file any ot her.”

8. Mr. Piyush Garg, learned counsel appearing for appellant / wife subm it s t hat his client has received a bank draft am ount ing t o Rs. 35,00,000/ - on 03.03.2025 and she has also received a sum of Rs. 1,00,000/ - t owards unpaid m ont hly m aint enance in t erm s of t he orders, passed in present Appeal. He subm it s t hat not hing rem ains t o be paid by respondent . He furt her subm it s t hat appellant has vacat ed t he resident ial house, sit uat ed at Mill Road, near SBI Doiwala, Dehradun, popularly known as “ Manku Residence” and handed over t he keys of said house t o respondent .

9. Mr. Gaurav Kandpal, learned counsel for respondent assures t hat his client will wit hdraw all cases, pending before different j udicial forum s, posit ively wit hin t en days.

10. Learned counsel t he part ies t hus subm it t hat t he Appeal be decided in t erm s of com prom ise, condit ions whereof have been set out in paragraph no. 3 of t he Miscellaneous Com prom ise Applicat ion.

11. Accordingly, t his Appeal is decided t erm s of t he com prom ise, t erm s whereof have indicat ed in paragraph no. 3 of t he Miscellaneous Com prom ise Applicat ion. The decree, passed by learned Principal Judge, Fam ily Court , Dehradun st ands m odified accordingly. (A sh i sh N a i t h a n i , J.) (M a n o j Ku m a r Ti w a r i , J.) Shik sha

18.03.2025