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सक्‍सेस विथ यू (Success with You) ~ म.प्र.हाईकोर्ट के जूनियर ज्‍यूडिशियल परीक्षा 2024 की तैयारी के लिए Success with you Application Install करें एवं You tube पर परीक्षाओं की तैयारी के लिए देखें । अधिक जानकारी के लिए कॉल करें 8839671701

created Nov 10th, 03:01 by Successwithyou


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Hence, we are of the view that continuation of the proceedings before  the Trial Court could only be an ordeal which both the parties will have to undergo and we are of the considered view that marriage between the petitioner and respondent having irretrievably broken down, exercise of power by this Court under Article 142 of Constitution of India is called for in the facts and circumstances obtained and also keeping in mind that petitioner and first respondent are quite young namely 32 years and 38 years respectively and have future ahead of them. It is also undisputed that daughter Ms. xxxx born out of this wedlock is aged about 8 years and has been residing with the petitioner-wife from the year 2019. There was a settlement agreement entered into between the parties on 22.03.2023 where under it is agreed that the daughter would be residing with the petitioner and will be taken care of by the petitioner herself. Under the said agreement, a sum of Rs 7,00,000 has been deposited in the name of minor daughter Ms. xxxx in a fixed deposit with UCO Bank, Sabhawala Branch by the first respondent husband which is not disputed by the petitioner, though the said settlement is seriously disputed by the petitioner on the ground that she is not a signatory. Having regard to the fact that petitioner is also gainfully employed in a Government school and earning a reasonable income and keeping in mind the financial capability of the first respondent-husband to take care of the interest of the daughter, we are of the considered view that ends of the justice would meet if the first respondent is directed to pay a permanent alimony of Rs.13,00,000 in addition to the amount of Rs. 7,00,000 already deposited in a fixed deposit, as it would take care of the financial interest of the minor daughter. Thus, by securing the interest of the minor daughter of the petitioner and first respondent, the petition pending before the court of the Principal Judge, Family Courts, can be disposed of by granting a decree of divorce of the marriage.  

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