High Court Rajasthan High Court

Smt. Seema Bhargava vs Naveen Bhargava on 7 May, 2008

Rajasthan High Court
Smt. Seema Bhargava vs Naveen Bhargava on 7 May, 2008
Author: D Singh
Bench: D Singh


ORDER

Dalip Singh, J.

1. The present appeal has been filed by the appellant Smt.Seema Bhargava against the judgment and decree dated 22.03.2007 whereby the petition filed by the husband-respondent herein for dissolution of marriage has been decreed by the learned trial court. In the decree for dissolution of marriage there is also a stipulation that the appellant-wife shall receive maintenance @ Rs. 750/- per month or permanent alimony amounting to Rs. 75,000/as one time payment in lieu thereof.

2. Being aggrieved by the aforesaid judgment and decree dated 22.03.2007, the wife Smt.Seema Bhargava has preferred this appeal.

3. The husband Naveen Bhargava also being aggrieved by the decree awarding maintenance has preferred the cross objections No. 21/2007 to the S.B. Civil Misc. Appeal No. 1836/2007, filed by the wife.

4. Both, the appeal and the cross objections, have been taken up today simultaneously.

5. During the course of hearing of the appeal, learned Counsel for the parties submitted that the appellant wife Smt.Seema Bhargava would be satisfied in case the respondent-husband is willing to pay an amount of permanent alimony of Rs. 1,50,000/- and in that event the decree for dissolution of marriage passed by the learned court below between the parties dated 22.03.2007 may be maintained.

6. Learned Counsel appearing on behalf of the respondent-husband Naveen Bhargava submitted that the respondent would not be in a position to pay the entire amount in one installment and in case the appellant is willing to accept the amount in installments, the decree passed by the learned trial court dated 22.03.2007 in respect of permanent alimony may be maintained and his cross objections may be dismissed.

7. Since learned Counsel for the parties are also of the view that the marriage of the parties took place in the year 1996 and the parties have not resided together, as per the finding of the learned trial court, since 1996 for the last 12 years, therefore, there is no point in setting aside the decree passed by the learned trial court.

8. Learned Counsel for the parties also submitted that so far as the allegations which were leveled in the petition as well as in the reply by the parties against each other are concerned, they may be deemed to have been withdrawn since the matter has now been amicably resolved.

9. In view of the above, it is hereby directed that all the allegations which were leveled by the parties against each other in the petition, in the reply and in the rejoinder would be deemed to have been expunged and deleted and none of the parties would hold either of them responsible for any of the allegations which have been leveled in the petition, reply and rejoinder or the statements recorded.

10. In view of the above arrangement which has been worked out by the learned Counsel for the parties, the appeal is disposed of with the direction that the decree for dissolution of marriage dated 22.03.2007 between the parties Seema Bhargava and Naveen Bhargava shall stand maintained and is confirmed.

11. So far as the amount of maintenance is concerned, it is hereby directed that by way of permanent alimony and one time settlement between the parties,the respondent-husband Naveen Bhargava shall pay to the appellant-wife Smt.Seema Bhargava an amount of Rs. 1,50,000/towards permanent alimony.

12. It is further agreed that the aforesaid amount of Rs. 1,50,000/- shall be paid in three equal installments of Rs. 50,000/- each. The first installment of Rs. 50,000/- shall be paid by the respondent-husband to the appellant Seema Bhargava within two weeks from today by means of demand draft favouring the appellant Seema Bhargava. The said demand draft may be given to the appellant/her counsel by the respondent Naveen Bhargava on or before 21.05.2008 and the receipt filed before this Court.

13. The second installment of Rs. 50,000/- shall also be paid by the respondent-husband Naveen Bhargava to the appellant Seema Bhargava by means of a post dated cheque dated 30.09.2008, to be handed over to the learned Counsel for the appellant for being delivered to the appellant. The third installment of Rs. 50,000/- shall be paid by the respondent by means of a post dated cheque dated 31.03.2009. The demand draft as well as the two post dated cheques shall be handed over to the learned Counsel for the appellant and the receipt filed before this Court on or before 21.05.2008.

14. It is further directed that the amount which has been deposited by the respondenthusband before this Court under the orders passed by this Court on 14.12.2007 shall be released in favour of the appellant by the Registrar (Administration).

15. It is further agreed between the parties that the petition which has been filed by the appellant under Section 125 Cr.P.C. before the court of Chief Judicial Magistrate, Rewadi in the State of Haryana shall be consigned to record as withdrawn in view of the above terms and conditions agreed to between the parties and no further claim in that behalf shall be liable to be paid by the respondent-husband to the appellant Seema Bhargava.

16. In view of the above, the appeal as well as the cross objections stand disposed of. The application under Section 24 of the Hindu Marriage Act also stands disposed of. The interim order of this Court dated 23.05.2007 stands vacated.

17. Put up on 21.05.2008 to see compliance.