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2025 DAILYLAW 95135 (ALL)

SHAILENDRA KUMAR YADAV v. SUSHMA YADAV

FAPL/849/2024 · 2025-05-04

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71403-DB Court No. - 39 Case :- FIRST APPEAL No. - 849 of 2024 Appellant :- Shailendra Kumar Yadav Respondent :- Sushma Yadav Counsel for Appellant :- Dharnidhar Pandey,Kamal Kumar Singh Counsel for Respondent :- Shiva Karan Vishwakarma Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. Mr. Dharnidhar Pandey, learned advocate appears on behalf of appellant-husband and Mr. Shiva Karan Vishwakarma, learned advocate, for respondent-wife. Joint submission at the Bar is, mediation was successful. Mediation report dated 1st March, 2025 has been filed enclosing interim settlement agreement dated 15th February, 2025 between them. It appears, appellant had filed petition for dissolution of the marriage. By impugned judgment dated 31st July, 2024, alternative relief of judicial separation was directed. Appellant husband being aggrieved, preferred the appeal. By the interim agreement, parties have agreed that appellant will pay respondent Rs.36 lacs as permanent alimony. Rs. 18 lacs have already been paid. The balance is tendered by Mr. Pandey on instrument of demand draft no.221972 dated 10th March, 2025 issued by Bank of Baroda in favour of respondent-wife for Rs.18 lacs. A reciprocal obligation under the interim agreement is for respondent-wife to withdraw/ get dropped the cases, she has initiated against appellant. Respondent-wife is present in Court. On query she submits, she will withdraw the cases. Appellant- husband is also present in Court. They both confirm the settlement. In terms of the settlement, respondent-wife does not oppose the appeal. It is allowed on consent. As such, the petition for divorce is also allowed. The marriage solemnised on 25th November, 2020 is hereby dissolved. Appellant will pay permanent alimony of Rs. 36 lacs. Impugned judgment is thus modified. The demand draft is handed over to Mr. Vishwakarma. He puts his acknowledgement on copy thereof. Respondent also puts her signature on the copy, for recording execution, discharge and satisfaction of appellate direction for permanent alimony at Rs.36 lacs. Parties will produce website copy of this order before the Courts, in which the cases are pending, for them to be withdrawn/ dropped. The appeal is disposed of. The decree be drawn up expeditiously. Order Date :- 5.5.2025 Gurpreet Singh (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad