Ms. Somyashree Mishra vs Sanjib Kumar Panda

Anil Kumar, J.

IPA No. 1/2007 & IA Nos. 334-335/2007

This is a petition u/s 18 of Hindu Adoption and Maintenance Act, 1956 read with Order XXXIII of the Code of Civil Procedure, 1908, for grant of permanent maintenance to the petitioner/applicant.

The matter was referred for mediation to Delhi High Court Mediation and Conciliation Center, New Delhi (in short ''DHCMCC''). A settlement agreement dated 23rd October, 2008 has been filed.

Under the settlement, the parties have agreed that they would file a divorce petition by mutual consent within a period of three weeks from the date of settlement. The settlement agreement also recorded the fact that the respondent had deposited an amount of Rs. 2,07,000/- in the shape of an FDR in the name of the petitioner, which amount was given as a security towards the istridhan of the petitioner. The respondent has also undertaken to pay the said amount along with interest accrued on the said FDR to the petitioner.

The parties agreed that undertaking to pay the amount shall be recorded in the first motion for divorce by mutual consent and the respondent has also undertaken to pay a sum of Rs. 50,000/- by way of a Pay Order at the time of recording of the statement in the first motion towards full and final settlement of the claims of Ms. Soumyashree Mishra/petitioner. The petitioner has also undertaken that she would have no further claims on the respondent and that on release of the FDR along with interest plus an additional amount of Rs. 50,000/-, she will not claim anything further. The petitioner also undertook to move an application for quashing of the complaint filed by her u/s 498-A of the Indian Penal Code. The petitioner also agreed that on decree of divorce by mutual consent being granted, she will inform the passport office and will change her name and status within 30 days of obtaining the decree of divorce by mutual consent. The petitioner has also undertaken not to pursue the proceedings against the respondent u/s 125 of the Criminal Procedure Code, 1973, which are pending in the court of Ms. Ruby Alka Gupta, Learned Metropolitan Magistrate.

The parties, who are present in Court, have stated that they have signed the settlement before the Mediator, DHCMCC on their own free will and the said settlement has also been signed by their respective counsel.

Despite the settlement agreement, a dispute has arisen regarding the arrears of maintenance charges payable to the petitioner by the respondent, in view of the order passed u/s 24 of the Hindu Marriage Act.

After some arguments, learned Counsel for the respondent has agreed to pay a sum of Rs. 12,000/- as arrears of maintenance charges in full and final settlement of all the claims besides the amount of Rs. 2,07,000/- with interest and Rs. 50,000/- which was agreed before the Mediator, DHCMCC. The petitioner, who is present in person, has also agreed to take Rs. 12,000/- in full and final settlement of arrears of maintenance charges till 23rd October, 2008, when the settlement was arrived at between the parties.

In the facts and circumstances and with this modification that the respondent will pay another sum of Rs. 12,000/- towards arrears of maintenance charges, all the disputes between the parties are settled. The additional amount of Rs. 12,000/- shall be paid by the respondent to the petitioner at the time of recording of first motion, pursuant to the petition u/s 13(b) of Hindu Marriage Act for resolution of their divorce by mutual consent.

Consequently, the petition along with pending applications is disposed of in accordance with the settlement arrived at between the parties, subject to the modification that an additional amount of Rs. 12,000/- be paid by the respondent to the petitioner at the time of recording of first motion. Decree shall be drawn accordingly.