Full Stop No. 06/2023 (Family – Dispute)

Dispute-Eater
Run & Managed by
Ram Yatan Sharma Memorial Trust
Muzaffarpur.
Full Stop No. 06/2023
(Family – Dispute)

Date of Compromise- 29.05.2023
Court Case Details:
Name of the Court: – Principal Judge, Family Court, Muzaffarpur, Bihar
Matrimonial Case No. 254/2023
Name of the Petitioner: – XXXXXXXXX (Wife)
Name of the Respondent: – XXXXXXXX (Husband)
Address of the Husband– XXXXXX Suman S/o Shri XXXXXX Prasad
A Resident of Mohalla/Village- XXXXXX, Po – Giridih
Ps- Giridih, District- Giridih, Pin- 815301.
Address of the Wife – XXXXXX Shrivastava S/o Shri XXXXXXX Kr. Shrivastava
Permanently Residing at Mohalla – XXXXXXXXX, Po- XXXXXXX
Ps- Sadar, District- Muzaffarpur, Pin- 843116

Both the parties (husband & wife) and the mother of the wife namely xxxxxxxx Shrivastava and the father of the husband namely xxxxxxxxx Prasad are present in person the office of the “Dispute-Eater” on 29.05.2023 . A physical meeting is held there in which both parties have not agreed to live together. Both the parties agreed on the point of one-time settlement. The husband has agreed to pay an amount of Rs. 13,00,000.00 (Thirteen Lakhs only) as full and final settlement towards alimony/ maintenance/ monetary allowance/settlement Amount which will be remitted to the wife.

That it is agreed between the parties that the husband shall give the said amount in two parts. The first part of Rs. 5,00,000.00 (Five Lakhs only) on the date of admission of the case and the rest part of Rs. 8,00,000.00 (Eight Lakhs only) will be paid by the petitioner no. 01 to the petitioner no. 02 only by “Banking Chanel” before the evidence of the 02^nd party.

That wife has received all her Stridhan from husband, now no goods or Shtridhan of wife is left with husband. That since the dispute has been amicably settled by and between the parties, both the parties have agreed to file a case of Mutual Divorce before the court of Family Court Muzaffarpur.

A settlement cum Divorce Agreement was executed today duly signed by the parties and the father of the husband and the mother of the wife and Dilip Kumar for “Dispute-Eater”. And now, the dispute between the parties came to a full-Stop.

S/d
(Dispute-Eater)

A separate Divorce Agreement was executed which is as follows: –

Divorce Agreement

Mr xxxxxxxx Suman aged about 35 years S/o Shri xxxxxxx Prasad xxxxxxxxx Colony Near Town Thana, Giridih, Po- Giridih, Ps-Giridih, District – Giridih, Pin- 815301, Mob – xxxxxxx hereinafter called the petitioner no. 01.
And
Mrs xxxxxxxx Shrivastava aged about 31 years W/o – Mr xxxxxx Suman D/o Shri xxxxxxx Kumar Shrivastava A Resident at Mohalla- xxxxxxxx, North of xxxxxxxx Gas Godown Khabra, Po – Khabra, Ps – Sadar, District Muzaffarpur, Pin- 843146 Mob. xxxxxxxxx hereinafter called the petitioner no. 02.
That a Mutual settlement discussion by and between Petitioner no. 01 & 02 in the presence of their parents namely Mr xxxxxxxxx Prasad & xxxxxx Shrivastav held in the office of “Dispute-Eater” on 05.2023 in which the husband (Petitioner no. 01) has agreed to pay an amount of Rs. 13,00,000.00 (Thirteen Lakhs only) as full and final settlement towards alimony/ maintenance/ monetary allowance/settlement Amount which will be remitted to the Petitioner no.02.
That it is agreed between the parties that the petitioner no. 01 shall give the said amount in two parts. The first part of 5,00,000.00 (Five Lakhs only) on the date of admission of the case and the rest part of Rs. 8,00,000.00 (Eight Lakhs only) will be paid by petitioner no. 01 to the petitioner no. 02 only by “Banking Chanel” before the evidence of the 02^nd party.
That Petitioner No. 02 has received all her Stridhan from Petitioner No. 01, now no goods or Shtridhan of Petitioner No. 02 is left with Petitioner No. 01.
That since the dispute has been amicably settled by and between the parties, both parties have agreed to file a case of Mutual Divorce before the court of Family Court Muzaffarpur.
That in view of the settlement arrived at, Petitioner 02 shall not claim any amount of alimony pendente lite, alleged arrear or otherwise, and shall withdraw all her claims regarding alimony/ maintenance. Petitioner No. 02 shall not claim any alimony/maintenance from Petitioner No. 01 (apart from the settled amount of permanent alimony) in the future. Any further claim for alimony/maintenance by Petitioner no. 02 other than the settled amount, permanent alimony as detailed here above shall be treated as void.
That both parties have no objections if the court dissolves the marriage after Petitioner No. 01 hands over the rest permanent alimony to Petitioner No. 02 in the presence of only the legal representatives of the parties.
That both the parties have no objection if the court dissolves the existing marriage between the Petition no. 01 & 02 solemnized on 11.2021 at Patna according to Hindu rites and customs after Petitioner no. 01 hands over the “Banking Chanel” for permanent alimony to the Petitioner No. 02.
That both parties waive off their right permanently from any alimony claims, maintenance of property movable or immovable, or any claim against each other and their respective families after a decree of Divorce.
That it is agreed by both the parties that after the present consent terms, the parties shall not claim from each other or their respective families, any kind of compensation or any right in movable or immovable property or inheritance property thereof.
That both the parties also agree that they or their families shall not file any civil, criminal or any kind of complaints or cases against each other and their respective family members.
That both the parties shall not interfere in each other’s personal or professional life after the execution of the present consent terms. Both the parties undertake that they shall not post any defamatory posts on social media during the pendency of the proceeding and after a decree of divorce.
That the present consent terms represent the entire agreement between the parties in respect of the matter at hand and shall supersede all prior negotiations between the parties and shall be merged into the consent terms.
That it is agreed between the parties shall accept the above-mentioned Clauses no other exchanges are pending between them.
That both parties hereby declare that they have obtained independent legal advice and are executing these consent terms of their own free will. By interning into the agreement, the parties represent that they have relied upon the legal advice of their lawyer and that the terms of this agreement have been completely read and explained to both the parties and by their lawyer and that those terms are fully understood and voluntarily accepted by both the parties.
That both the parties state that the present agreement constitutes the full and final settlement between the parties. The parties undertake that no further claims or demands, of any nature whatsoever, will be raised by either of them against each other in the future, even under the changed circumstance. Further, save and except that whatever is mentioned here-in-above, the parties shall have no claim of any nature whatsoever against each other.
That the parties herein hereby covenant with each other that they shall comply with and accept the said agreement in toto.
That the terms of the present agreement constitute one composite whole and none of the parts is severable from each other.
That the agreement is prepared in two original copies on a non-judicial stamp of Rs. 100 (hundred) vide stamp no. AG 647547 & AG 647548. The agreement is made on stamp no. AG 647548 and is delivered to Petitioner no.01 and the agreement made on stamp no. AG 647547 is delivered to the Petitioner no 02. The photocopy of the same is kept in the office of “Dispute-Eater” for future reference if any.
That both the parties have given the consent of their own free will and without any fraud or undue influence upon them.