Hemant Kumar vs Sushila Devi and Others

Hemant Kumar and Sushila Devi are present in court. They are identified by their respective advocates. A compromise petition has been filed by both of them jointly seeking dissolution of marriage by mutual consent. Towards permanent alimony, Hemant Kumar (husband) has agreed to pay a sum of Rs. 2,00,000/- (Rupees two lacs) to Sushila Devi (wife). A bank draft in the sum of Rs. 2,00,000/- (Rupees two lacs) has been handed over by Hemant Kumar to Sushila Devi which she has accepted without any reservation. Both the parties have agreed to withdraw the cases filed by them against each other. Sushila Devi has also agreed to withdraw a criminal case of bigamy lodged against the husband (Hemant Kumar).

In the presence of the advocates of the parties, we asked Hemant Kumar as well as Sushila Devi as to whether they have signed the compromise petition on their own volition uninfluenced by any fraud, undue influence, misrepresentation or exertion of any sort. Their answer was that they have signed the compromise deed voluntarily.

We are informed by the parties that they have been living separately for more than ten years. Both of them seem to be convinced that their wedding has broken down irretrievably.

Having considered the matter thoughtfully, we are of the view that the compromise between the parties meets the requirement of law and is in their interest.

We, accordingly, dispose of the First Appeal in terms of the compromise entered into between the parties. The averments made in I.A. No. 3552 of 2008 be treated part of this order.

First Appeal is allowed. The marriage between the parties is dissolved as per the compromise. Matrimonial Case No. 23/1998 stands disposed of accordingly. On payment of permanent alimony in the sum of Rs. 2,00,000/- (Rupees two lacs), we record the statement of the respondent No. 1 Sushila Devi that no further claim of alimony of any nature remains. The parties shall bear their own cost. This disposes of I.A. No. 3552 of 2008 as well.