Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 177809 (ALL)

COL. RAJESH KUMAR SINGH v. MRS. NALINI SINGH

FAPL/1/2021 · 2025-10-31

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 1 of 2021 AND FIRST APPEAL No. - 40 of 2021 AND FIRST APPEAL No. - 150 of 2024 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Learned counsel for the parties have pointed out the settlement agreement prepared by Versus Counsel for Appellant(s) : Deepanshu Dass, Amrita A.Gurnanee, Yogesh Gurnanee Counsel for Respondent(s) : Ram Raj Versus Counsel for Appellant(s) : Ram Raj, Rishabh Raj Counsel for Respondent(s) : Amrita A. Gurnanee, Deepanshu Dass, Yogesh Gurnanee Versus Counsel for Appellant(s) : Ram Raj, Hanumant Lal Srivastava, Rishabh Raj Counsel for Respondent(s) : Yogesh Gurnanee, Deepanshu Dass Col. Rajesh Kumar Singh .....Appellant(s) Mrs. Nalini Singh .....Respondent(s) Mrs. Nalini Singh .....Appellant(s) Lt. Col. Rajesh Kumar Singh .....Respondent(s) Mrs.Nalini Singh .....Appellant(s) Col. Rajesh Kumar Singh .....Respondent(s) the Mediation and Conciliation Centre of this Court on 17.10.2025. We have perused the settlement agreement, which is on record. The parties have agreed to settle their dispute amicably. The first party i.e. the husband has agreed to pay the second party, i.e., the wife a sum of Rs. 1,60,00,000/- (Rupees One Crore and Sixty Lakhs only) towards one time full and final settlement of all claims of the wife against the husband. The said amount of Rs. 1,60,00,000/- shall include the cost of purchase of a house for the residential purpose of the wife and the minor daughter of the parties. The house shall be purchased by the wife in her joint name along with their minor daughter. The minor daughter shall remain in the joint custody of both parties with her physical custody being with the second party i.e. the mother. The first party i.e. the father shall have all rights to visit and meet the minor daughter and the mother shall facilitate such meetings between the father and the daughter. It has also been agreed that in the event of the death of the wife/mother, the minor daughter shall remain in the physical care and custody of the father. The educational expenses of the minor daughter shall be borne by the father up to 31.05.2034 or until she starts earning, whichever is earlier. The fee statements shall be provided by the second party to the first party from time to time and the first party shall pay all educational expenses directly to the concerned school/college/institution. The father shall also pay Rs. 2,00,000/- to the minor daughter for the year 2026 (01.01.2026 to 31.12.2026) and the said amount shall be enhanced at the rate of 7% per annum. Such maintenance shall be payable up to 31.05.2034 or until the daughter starts earning, whichever is earlier. The maintenance amount currently being paid through the Controller of Defence Accounts shall be stopped with effect from 01.01.2026. Certain amounts have already been paid and the remaining amount out of Rs. 1,60,00,000/- shall be paid in installments. The last installment shall be paid by 30.06.2026. The first party (husband) and the second party (wife) shall jointly submit applications before the Army Women's Welfare Association and the Controller of Defence Accounts for stopping the maintenance amount being provided by the Indian Army to the minor daughter with effect from 01.01.2026. Both parties have further agreed that the marriage expenses of their daughter shall be borne by the first party i.e. the father. The second party i.e. the wife has agreed to abide by the judgment dated 31.07.2024 passed by the Court of the Additional Principal Judge-I, Family Court, Lucknow, in Original Suit No. 1274 of 2017 "Lt. Col. Rajesh Kumar Singh vs. Mrs. Nalini Singh" and shall not challenge the same in FAPL No. 1 of 2021 2 future before any Court. She has also agreed to withdraw First Appeal No. 150 of 2024 "Mrs. Nalini Singh vs. Lt. Col. Rajesh Kumar Singh" filed by her against the said judgment. The connected first appeals shall also stand disposed of in terms of the settlement agreement. The criminal cases pending between the parties in various courts shall also be disposed of in terms of the said settlement agreement. It has further been agreed between the parties that henceforth no case shall be instituted by either of them against the other or against any of their respective family members in future, whether in the form of criminal or civil proceedings, in respect of any dispute arising out of their present dispute or any matter incidental thereto. In case the terms and conditions of the settlement agreement are not respected by the wife, Smt. Nalini Singh, she shall return to the first party the entire amount received by her from the first party along with interest at the rate of 9% per annum from the date of receipt of such amount. The first party has also agreed that in case he fails to abide by the terms and conditions of the settlement agreement, any amount already received by the second party from him shall be forfeited by the second party, who shall also be at liberty to reopen the cases that have been agreed to be disposed of in terms of the settlement agreement. Both parties have signed the settlement agreement, which has been placed on record. We find the terms to be just and fair and since they have been agreed upon by both parties, the instant first appeal along with connected First Appeal Nos. 40 of 2021 and 150 of 2024 shall stand disposed of in terms of the settlement agreement. October 31, 2025 Mahesh FAPL No. 1 of 2021 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench