Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20679-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR First Appeal (MAT) No. 165 of 2024 Smt. Sangeeta Sahu, W/o Mangal prasad Sahu, aged about 54 years, R/o 332-B, First Floor (Dahliya), Talpuri, P.S. – Kotwali, Sector-06, Bhilai, Tahsil and District Durg (C.G.) ---- Appellant Versus Mangal Prasad Sahu, S/o Late kartik Ram Sahu, aged about 54 years, R/o 332-B, Firt Floor (Dahliya), Talpuri, P.S. Kotwali, Sector-06, Bhilai, Tahsil & District Durg (C.G.) ---- Respondent (Cause Title is taken from CIS Software) For Appellant : Mr. T.K. Jha, Advocate For Respondent : Ms. Priyanka Rai, Advocate. Hon'ble Smt Justice Rajani Dubey & Hon’ble Shri Justice Sachin Singh Rajput
Judgment on Board Per Rajani Dubey, J 06 /05/2025
1. The appellant/wife has filed the instant appeal against the
judgment and decree dated 09.05.2024 passed in Civil Suit No. 53/2018 by the learned 3rd Additional Principal Judge, Family Court, Durg (C.G.), whereby the learned Family Court allowed the suit filed by the respondent/husband
2 under Section 13 of the Hindu Marriage Act and dissolved the marriage between the partied by decree of divorce. 2. Pending the appeal before this Court, the parties have amicably resolved the dispute and have arrived at a settlement executing compromise deed dated 28.04.2025 in presence of witnesses, which has been filed before this Court on 01.05.2025. 3. For ready reference, the terms and conditions of the compromise deed dated 28.04.2025 are reproduced herein as under :-
“4. Living Arrangements and Financial Matter 4.1 Residence The parties shall continue to reside together at 332 Dahalia, Block B, Talpuri international colony, Bhilai 490006, with husband occupying the ground floor and wife occupying the top floor. Both floors and common areas shall be maintained in good repair. 4.2 Shared Expenses All common household expenses, including water tax, electricity bills, property tax, maintenance charges, and any other jointly incurred liabilities shall be shared equally (fifty percent each). Each party shall ensure timely payment of their share and shall maintain records of payments. 4.3 Individual Expenses and Separate Property Each party shall be fully responsible for expenses relating to personal bank accounts, pension disbursements, salaries and any income derived from individually earned or ancestral property. Neither party shall access, manage, or encumber
3 the other's separate financial assets or property without prior written consent. 4.4 Alteration and Construction Each party may carry out modifications, renovations, or construction work on their respective floor at their sole expense, provided such work does not compromise the structural integrity or utility of the other party's living space or shared areas. Major structural plans shall be communicated in writing no less than thirty (30) days prior to commencement. Each party may carry out modifications, renovations or construction work at their sole expenses. 4.5 BSP/SAIL Medical Benefits Husband shall complete all administrative formalities required to ensure Wife's continued entitlement to BSP/SAIL medical benefits as the spouse of a retired employee. Wife shall bear any application fees, membership dues, or other related expenses. 4.6 Travel and Social Engagements Each party shall be free to travel, stay at alternative locations, and maintain independent social relationships.
Neither party is obligated to participate in visits to the other's relatives or social events, although joint visits may occur by manual consent. 5. Confidentiality All terms, negotiations, and related documentation concerning this MOU shall remain strictly confidential, except to the extent necessary for court compliance, or enforcement. 6. Purpose This settlement records the parties binding commitments to jointly apply for withdrawal of appeal with the request to set aside the order of divorce passed by learned family court and define their cohabitation, financial arrangements and rights to maintain both unity and autonomy withing
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4. In compliance of Court’s order dated 06.05.2025, both the parties appeared before the Registrar (Judl.) and got their statements recorded in terms of compromise deed dated
28.04.2025. When examined, both the husband and the wife stated that they have settled the dispute & judgment and decree dated 09.05.2024 may be set aside and pass the order in terms of compromise deed dated 28.04.2025. 5. This Court, therefore, record the terms of the Memorandum of Understanding dated 28.04.2025, allow the appeal and set aside the impugned judgment and decree dated 09.05.2024 on the ground of compromise arrived at between the parties. In view of the settlement arrived at between the parties, the terms of the compromise deed shall form part of this judgment. 6. Let a decree be drawn-up accordingly. 7. Interlocutory Application pending, if any, shall stand
disposed of.
Sd/-
Sd/-
(Rajani Dubey) (Sachin Singh Rajput)
Judge Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE