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2025 DAILYLAW 22082 (ALL)

GAYTRI DEVI v. AWADHESH

FAPLD/194/2021 · 2025-07-10

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111797-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 194 of 2021 Appellant :- Gaytri Devi Respondent :- Awadhesh Counsel for Appellant :- Dinesh Kumar Yadav Counsel for Respondent :- Pradeep Kumar Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Mr. Brijesh Kumar Pandey, learned advocate appears on behalf of appellant, who was wife in the marriage dissolved on judgment dated 28th January 2021 made by the Family Court. Ms. Archana Pathak, learned advocate appears on behalf of respondent. Submission at the Bar is, there has been agreement between the parties regarding maintenance. There was no direction for it in impugned judgment. There is a daughter from the dissolved marriage. She is now 12 years old and with appellant. The agreement is, respondent will pay Rs. 12 lacs as a gross sum for maintenance of both appellant and the daughter. Learned advocates submit, their respective clients are present in Court. Respondent hands up demand draft no. 933718 dated 9th July, 2025, issued by State Bank of India in favour of appellant for Rs.12 lacs. We have inquired of appellant and she says, she will accept the tender as full and final settlement on her present and future claim for permanent alimony and she speaks both for herself and the daughter. We confine her acknowledgment to not preclude the daughter from asking respondent for her marriage expenses, when the time comes and if she will. The demand draft is handed over to appellant. She and Mr. Pandey put in their signatures on photocopy thereof to signify acknowledgment of receipt, execution, discharge and satisfaction of our direction made in the appeal for permanent alimony, as aforesaid at Rs. 12 lacs. The dissolution of marriage is confirmed with above modification on payment of permanent alimony. The appeal is disposed of. Countersigned receipt of the acknowledgement signed by appellant and her learned advocate is kept in the record. A photocopy is made over to Ms. Archana Pathak. Order Date :- 11.7.2025 Imroz (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad