Full Stop No. 10/2024 (Family – Dispute)

Dispute-Eater
Run & Managed by
Ram Yatan Sharma Memorial Trust
Muzaffarpur.
Full Stop No. 10/2024
(Family – Dispute)

Date of Compromise- 20.02.2024
Court Case Details:
Name of the Court: – SDJM East Muzaffarpur, Bihar
Complaint (D.V) Case No. 1751/2019
Name of the Petitioner: – XXXXXXXXX (Wife)
Name of the Respondent: – XXXXXXXX (Husband)
Address of the Husband– XXXXXX Kumar S/o Shri XXXXXX Prasad Singh
A Resident of Mohalla/Village- XXXXXX, Po – R.K Ashram Bela.
Ps- Mithanpura, District- Muzaffarpur, Pin- 843116.
Address of the Wife – XXXXXX Anand S/o Shri XXXXXXX Kr. Thakur
Permanently Residing at Mohalla/Village – XXXXXX Bujurg,
Ps- Sakra, District- Muzaffarpur, Pin- 843104.

The 01st and the 02nd parties are both husband and wife. Their marriage was solemnized on 11.03.2016 at xxxxxx Buzurj Sakra Muzaffarpur according to Hindu rites and customs. The marriage was duly consummated, and a daughter, namely xxxxxxx Anand, was born on xxxxxxxx. The daughter presently resides with her mother.

After some time, the marriage encountered matrimonial disharmony and differences between the parties, resulting in the following disputes:

Matrimonial (Divorce) Case No. 288/2019 (U/s – 13 of the Hindu Marriage Act) is pending before the Court of Principal Judge Family Court Muzaffarpur.
Civil Miscellaneous Case No. 614/2023 is pending before the Patna High Court.
Complaint Case No. 1763/2019 (U/s IPC 498(A), 323, 406) and Section 03 of The Dowry Prohibition (D.P) Act are pending before the court of Smt. Nandani, Court No. 06 J.M.01st Class East, Muzaffarpur.
Maintenance Case No. 276/2019 (U/s Cr. P.C 125) is pending before the Principal Judge, Family Court, Muzaffarpur, Bihar.
Complaint Case No. 1751/2019 (U/s 12 of the D.V Act) is pending before Court SDJM East, Muzaffarpur.

To settle disputes between the parties, a joint meeting was held today in the office of the “Dispute-Eater,” in which both parties, along with the wife’s father and the husband’s mother, were present. Comprehensive mediation sessions were held jointly as well as separately. After counselling, both parties have agreed on the point of a one-time settlement.

A one-time settlement amount of Rs. 7,50,000.00 has been agreed upon. It has been decided between the parties that the said amount will be paid in two instalments: Rs. 3,50,000.00 will be given by the husband to the wife at the time of admission of the consent Divorce petition. The remaining Rs. 4,00,000.00 will be paid at the time of the final disposal judgment of the consent Divorce Petition.

It has been agreed that Rs. 2,50,000.00 will be deposited in a fixed deposit scheme in the name of xxxxx Anand for marriage expenses.

Furthermore, both parties have agreed to withdraw all the cases as stated above.

A settlement cum Divorce Agreement was also prepared today duly signed by the parties and guardian 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: –

IN THE MATTER OF

xxxxxxxxxx Kumar ……………………………………………….. 01^st Party
Versus
xxxxxxxxx Anand …………………………………………….. 02^nd Party

Present: –
xxxxxxxx Kumar in-person with his mother xxxxxx Kumari.
xxxxxxx Anand, in-person with her father xxxxx Kumar Thakur

SETTLEMENT AGREEMENT

This Settlement Agreement is being executed between the 01^st party namely xxxxxxx Kumar aged about 32 years Residing at xxxxxxxx Tola Po- R.K Ashram Bela, Ps – Mithanpura District-Muzaffarpur, Pin-843116 and the 02^nd Party namely Smt. xxxxxxxx Anand aged about 28 years W/o xxxxxxx Kumar D/o Shri xxxxxx Kumar Thakur on and behalf of her daughter namely xxxxxxx Anand a Resident at xxxxx Buzurg Sakra Muzaffarpur Pin- 843104, Mob- xxxxxxxxxx.
That the marriage between the 01^st Party and the 02^nd Party was solemnized as per the Hindu rites, rituals and customs on xxxx, and both parties lived together as husband and wife till 23.06.2019. The marriage was duly consummated and a daughter, named xxxxxxxxx Anand was born on xxxxxxxxx. Thereafter, due to differences between the parties, they started living separately since 23.06.2019. The relationship between the parties became so bitter that both parties had to file a case in court.
That the description of the cases filed by the 01^st Party xxxxxxxx Kumar are as follows: –
i. Matrimonial (Divorce) Case No. 288/2019 (U/s – 13 of the Hindu Marriage Act) Pending before Court of Principal Judge Family Court Muzaffarpur.
ii. Civil Miscellaneous Case No. 614/2023 before the Patna High Court.
That the description of the Cases filed by the 02^nd Party Lovely Anand is as follows: –
i. Complaint Case No. 1763/2019 (U/s IPC 498(A), 323, 406) and Section 03 of The Dowry Prohibition (D.P) Act Pending before the court of Smt. Nandani Court No. 06 J.M.01^st Class East, Muzaffarpur.
ii. Maintenance Case No. 276/2019 (U/s Cr. P.C 125) Pending before Principal Judge, Family Court, Muzaffarpur, Bihar.
iii. Complaint Case No. 1751/2019 (U/s 12 of the D.V Act Pending before Court SDJM East, Muzaffarpur
That both the parties agreed that except the cases named above no other cases are pending against each other in any court in India.
That Comprehensive mediation sessions jointly as well as separately were held between the parties in the office of the “Dispute-Eater” in the presence of the mother of the 01^st Party namely Smt. xxxxx Kumari and the father of the 02^nd party namely Mr. xxxxx Kumar Thakur in which the second party did not agree to live with the first party. It was found that the separation of both the parties is the last option to end the dispute permanently and the parties of their own free will and accord have voluntarily entered into a final settlement agreement on the following terms and conditions:-
That 07,50,000.00 (Seven Lakhs & Fifty Thousand only) is agreed as full and final settlement towards alimony/ maintenance/ monetary allowance/ maintenance, education & other expenses of her daughter xxxxxxxx Anand. The first party agreed to pay the said amount.
That the first party (father) will have the right to meet his daughter as per convenience after prior consultation with Divyanshi and/or her guardian.
That it is agreed that both the parties would file a case of Mutual Divorce before the Family Court Muzaffarpur. It is agreed between the parties that the 01^st Party shall give the said amount in two parts only through Banking Chanel. The first part of 3,50,000.00 (Three Lakhs and Fifty Thousand only) on the date of admission of the case Consent Divorce through cheque bearing No. 235811 Name of the Bank “State Bank of India” and the rest part of Rs. 04,00,000.00 (Four Lakhs only) will be paid by the 01^st Party to the 02^nd Party only by “Demand Draft” will be deposited by the 01st party before the court at the time of evidence and said DD would be received by the 02nd party at the time judgement of the case of Consent Divorce.
That it has been agreed between both parties that out of the said amount, 2,50,000.00 will be deposited in a nationalized bank or post office under a fixed deposit scheme in the name of their daughter xxxxxx Anand for her wedding expenses and a photocopy of the bond of fixed deposit would be given to the first party. The second party shall have no right to withdraw said amount unilaterally.
That the parties hereto further agree that they will withdraw all legal proceeding of a civil or criminal nature against each other and their respective family members in any Court of law or forum in relation to the present matrimonial alliance/dispute as early as possible without causing delay.
That both the parties undertake not to interfere in each other’s life and, all the parties herein further undertake to withdraw and not to peruse any other proceeding cases/complaints if any against each other or their family members before any court of law or any other forum and would take all necessary steps withdrawing/quashing for the same. If any case is not withdrawn by any of the parties, then the same shall be treated as null and void and will not have sanctity before the eye of the law.
That xxxxxxxx Anand shall live with her mother with the risk and consequences of the 02^ndparty.
That both the parties are bound by this Settlement Agreement to co-operate and work towards getting mutual separation as soon as possible. Both shall appear before the court for disposal of the aforesaid cases and in Mutual Divorce Case without fail at their own cost.
That both parties shall cooperate with each other regarding the disposal of the case.
That in view of the settlement arrived at, the 02^nd Party or her daughter shall not claim any amount of alimony pendente lite, alleged arrear or otherwise, and shall withdraw all her claims regarding alimony/ maintenance. 02^nd Party shall not claim any alimony/maintenance from the 01^st Party (apart from the settled amount of permanent alimony) in the future. Any further claim for alimony/maintenance or any kind of demand by the 02^nd Party other than the settled amount (permanent alimony) as detailed here above shall be treated as void.
That both the parties have no objection if the court dissolves the existing marriage between the parties solemnized on xxxxxx at xxxxxxx Muzaffarpur according to Hindu rites and customs after receipts of said amount through the “Banking Chanel” for permanent alimony to her and xxxxxxx Anand.
That both parties waive off their right permanently from any alimony claims, maintenance of property movable or immovable including Sridhan or any claim against each other and their respective families from the execution of this agreement.
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 in any manner or any right in movable or immovable property or inheritance property thereof.
That both the parties also agree that they or their family members shall not file any civil, criminal or any kind of complaints or cases against each other and their respective family members in the future.
That both the parties shall have no right to 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 that 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 entering into the agreement, the parties represent that they have relied upon the legal advice of their lawyer 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 circumstances. 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 three original copies, two for the parties and one is kept in the office of the “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.