2012 Supreme(Raj) 2330
RAJASTHAN HIGH COURT
Narendra Kumar Jain, R.S.Chauhan, JJ.
Bharati - Appellant
Versus
Kalpesh @ Vinit - Respondent
D.B. Civil Misc. Appeal No. 653 of 2010.
Decided On : 15-12-2012
For the Appellant:Bharat Singh, Advocate.
For the Appellant present in-person:Bharati, Advocate.
For the Respondent:Sandeep Shah, Advocate.
For the Respondent present in-person:Kalpesh @ Vinit, Advocate.
Headnote:Hindu Marriage Act, 1955 – S. 13 – Wife files an appeal against the decree for dissolution of marriage – Parties compromised and filed joint statement in courts – Appeal is dismissed as the compromise was entered into by the parties and 12 lacs was paid by the husband to the wife.
"The matter was discussed at length with the appellant-wife, and then with the respondent husband along-with their respective counsel. After long drawn discussion in continuity with the discussions earlier held in this matter, the parties have broadly arrived at the consensus in the manner that they have agreed to get the marriage dissolved, essentially with their consent with the following terms:-
(i) In regard to permanent alimony for the appellant-wife and, so also, for maintenance of child born out of the wedlock, namely, Ms. Simone, the respondent-husband has agreed to make payment of a sum of Rs. 12,00,000/-(Rupees Twelve lacs only); and out of aforesaid amount, an amount of Rs. 6,00,000/-(Rupees Six lacs only) shall be placed in fixed deposit in the name of Ms. Simone in a Nationalised Bank.
(ii) The respondent-husband shall make such deposit and hand over the FDR receipt to the appellant-wife. This amount to be placed in fixed deposit shall continue to remain in such deposit and the appellant shall get the said FDR renewed from time to time until Ms. Simone attains the age of majority. After her attaining the age of majority, the amount in FDR with accrued interest shall be handed over to Ms. Simone.
(iii) The remaining amount of Rs. 6,00,000/-(Rupees Six lacs only) shall be deposited in the Bank Account of the appellant wife, the particulars whereof, as supplied by the appellant wife today in the Court are:
Savings Bank A/c No. 016501515367 with ICICI Bank at Gandhi Nagar Branch, Ahmedabad.
(iv) The respondent shall carry out the requirements of the settlement arrived at i.e., regarding getting prepared the FDR in the name of daughter, Ms. Simone and depositing the amount in the bank account of appellant-wife, Smt. Bharati, before 14.12.2012. The particulars of her PAN Card number may be supplied by the appellant-wife to the respondent. Put up on 15.12.2012."
*******