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2025 DAILYLAW 4306 (UTT)

SIMRANPREET KAUR v. DEVEN SINGH MANKU

AO/124/2020 · 2025-03-18

Ashish Naithani, Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1853-DB SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS AO No. 124 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Heard Mr. Piyush Garg, Advocate for the appellant and Mr. Gaurav Kandpal, Advocate for the respondent. 2. Both appellant-Smt. Simranpreet Kaur and respondent- Shri. Deven Singh Manku are connected virtually. 3. This is an Appeal, filed under Section 19 of the Family Court Act, 1984 challenging the judgment dated 03.03.2020, passed by learned Principal Judge, Family Court, Dehradun in Original Suit No. 1009 of 2017. 4. By the said judgment, the divorce petition filed by husband (respondent herein) was decreed, however, without any alimony. 5. The wife has challenged the said judgment on various grounds. 6. Today, the matter is listed on Miscellaneous Compromise Application (IA No. 10022 of 2025), jointly filed by learned counsel for parties, which is supported by the affidavits of both husband and wife. 7. The terms of the compromise have been set out in paragraph no. 3 of the Miscellaneous Compromise Application, which are reproduced herein:- 2025:UHC:1853-DB “(i) That a total sum of Rs. 35,00,000/- (Rupees Thirty-Five Lakhs Only) shall be paid by the respondent to the appellant and the daughters, namely Ms. Nikita Kaur and Ms. Sukhmani Kaur, as a one-time permanent alimony amount. Payment shall be effected by a bank draft in favour of the appellant in the following manner: Rs. 35,00,000/- (Rupees Thirty-Five Lakhs Only) vide Bank Draft dated 03.03.2025 bearing instrument no. 484737, drawn on Canara Bank, Branch-Bhaniyawala Branch. (ii) That there are certain arrears on account of unpaid monthly maintenance since August 2024, by the respondent to the appellant. The appellant has paid the said amount of Rs. 1,00,000/- (Rupees One Lac) by means of another demand draft dated 03.03.2025 bearing instrument no. 484736, drawn on Canara Bank, Branch- Bhaniyawala Branch as full and final payment of monthly maintenance. (iii) That the appellant hereby acknowledges the receipt of the aforesaid amount and confirms that no further claims shall arise from her or on behalf of their daughters. (iv) That the decree as passed by the learned Court below shall be maintained as it is with regard to the grant of the divorce and dissolution of marriage between the parties, however the permanent alimony amount shall stand modified as aforesaid, and the observation made by the learned court below shall not be read against each other. The decree be thus modified accordingly by this Hon’ble Court. (v) That the appellant confirms that she will vacate the property located at Manku Residence, Mill Road, Near SBI Doiwala, Dehradun, peacefully and will hand over the keys to the respondent at the time of executing the present compromise. (vi) That upon the appellant’s request, the respondent has packed the appellant’s household items, including a refrigerator, washing machine, Godrej almirah, cooler, sofa set, utensils, and quilts. The respondent is permitted to arrange a loader delivery service for transporting these items to Patiala, with the cost of transportation to be borne by the appellant alone. (vii) That the parties agree to withdraw all pending litigations and cases between themselves or their family members arising out of or relating to their marital relationship and 2025:UHC:1853-DB shall not file any other.” 8. Mr. Piyush Garg, learned counsel appearing for appellant/wife submits that his client has received a bank draft amounting to Rs. 35,00,000/- on 03.03.2025 and she has also received a sum of Rs. 1,00,000/- towards unpaid monthly maintenance in terms of the orders, passed in present Appeal. He submits that nothing remains to be paid by respondent. He further submits that appellant has vacated the residential house, situated at Mill Road, near SBI Doiwala, Dehradun, popularly known as “Manku Residence” and handed over the keys of said house to respondent. 9. Mr. Gaurav Kandpal, learned counsel for respondent assures that his client will withdraw all cases, pending before different judicial forums, positively within ten days. 10. Learned counsel for the parties thus submit that the Appeal be decided in terms of compromise, conditions whereof have been set out in paragraph no. 3 of the Miscellaneous Compromise Application. 11. Accordingly, this Appeal is decided in terms of the compromise, terms whereof have been indicated in paragraph no. 3 of the Miscellaneous Compromise Application. The decree, passed by learned Principal Judge, Family Court, Dehradun stands modified 2025:UHC:1853-DB accordingly. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 18.03.2025 Shiksha