IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.354 of 2010 Surendra Kumar Pandey, Son of Sri Ram Pravesh Pandey, R/o Baradh, P.S.-Charpokhari, District-Bhojpur. At present residing at New Yarpur 139-Devi Ashthan, Professor Colony, Janta Road, P.S.-Gardanibag, District-Patna. Appellant----------------Petitioner Versus Smt. Sangeeta Dubey, D/o Sri Kant Dubey, R/o Vill –Salempur, P.S.-Arrah Muffasil, District-Bhojpur. At present residing at Lodhipur, P.S.- Kotwali, District-Patna. Respondent-------(Opposite Party) ----------- 5. 01.07.2011 Heard the parties. On the last date i.e. 7th of April, 2011 an order was recorded showing willingness of both the parties to opt for divorce by consent on amicable solution of their dispute on the condition that the pending inter- party cases ,civil or criminal, shall also be compromised and the appellant shall pay to the respondent wife the consolidated amount of Rs. 5,70,000/- by way of lump sum alimony which shall absolve the appellant from the liability to pay any arrears of interim maintenance or any other kind of maintenance ordered earlier. As directed, a demand draft for a value of Rs. 1,50,000/- in the name of Sangeeta Kumari, dated 28.06.2011 drawn upon State Bank of India, Patna Main 2 Branch has been produced on behalf of the appellant and has been accepted on behalf of respondent wife by her counsel who has agreed to make an endorsement on the order sheet acknowledging receipt of the said demand draft. Learned counsel for the respondent has submitted that since the bank account is also in the maiden name of the respondent which is Sangeeta Kumari hence there shall be no difficulty in depositing the demand draft which is account payee, in the said account. It has been agreed on behalf of the appellant that the balance amount of Rs. 4,20,000/- shall be paid to the respondent through similar demand drafts within a period of 8 months from today. It is further agreed that at least half of the remaining amount shall be paid to her within 4 months from today. On behalf of respondent, it has been admitted that the following civil or criminal matters are still pending and the respondent undertakes that she shall withdraw these cases or shall not pursue them so that they are dismissed for default or end in favour of the appellant at the earliest, preferably within six months. The Courts concerned shall also act accordingly. The 3 cases are as follows:- (1)A Maintenance Case No. 128M/2003 pending before the Principal Judge, Family Court, Patna .(2)A Criminal Case bearing Patna Sadar Gandhi Maidan PS. Case No. 170 of 2005,G.R.No. 24005 of 2005 said to be under investigation by the police and in seisin of Chief Judicial Magistrate, Patna(3)Cr.Misc.No. 16/2007 pending before the Principal Judge, Family Court, Patna for claiming arrears of maintenance. It is also agreed that the respondent shall take no further action in a complaint case bearing no. 905 C of 2003 which has ultimately ended in acquittal in favour of the appellant by judgment dated 30.04.2010 in Cr.Appeal No.189 of 2009/06/2009 from the Court of learned Additional District and Sessions Judge, 13, Patna. The respondent further agreed not to pursue any complaint which may have been made by her to the superior officers of the appellant and not to make any further complaint against him. The parties agreed that on payment of the alimony of Rs. 5,70,000/- in the manner indicate above the Matrimonial Case No. 96 of 2002 before the Court of 4 Principal Judge, Family Court at Patna through which the appellant sought for divorce and which has resulted in the present appeal shall stand disposed of in terms of the present compromise leading to a decree of divorce by consent of both the parties . Such decree by consent shall follow after 8 months on the compliance of this order whereby the present appeal is finally disposed of. The judgment and decree under appeal dated 25.03.2010 passed by learned Principal Judge, Family Court in Matrimonial Case No. 96 of 2002 shall stand modified accordingly. There shall be no order as to costs. In case either of the parties defaults in carrying out the terms of compromise, the other party shall be at liberty to move this Court for modification of this order and/or to seek compliance with the terms of compromise. Nitesh ( Shiva Kirti Singh, J.) (V. Nath, J.)