Allahabad High Court
SAURABH GUPTAversusSMT SHALINI RAI
- Decided
Holding
The court ordered the release of the demand draft bearing No. 411770 dated 04‑04‑2025 to the appellant or his duly appointed representative.
Summary
The appellant, Saurabh Gupta, appealed after a mutual consent divorce under Section 13‑B of the Hindu Marriage Act, 1955, wherein a settlement required him to pay Rs.90 lakhs to the respondent, Shalini Rai. During mediation, a demand draft of Rs.45 lakhs (No. 411770 dated 04‑04‑2025) was issued by Punjab National Bank in favour of the respondent and later retained by the court. The parties subsequently completed the payment of the full settlement amount via two demand drafts, and the respondent acknowledged receipt of the entire Rs.90 lakhs. The appellant now seeks the court’s order to release the retained demand draft, arguing that its validity has expired and he wishes to encash it. The court held that the demand draft should be released to the appellant or his representative and disposed of the appeal accordingly.
Issues considered
- Whether the court can order the release of a demand draft issued in favour of the respondent after the settlement amount has been fully paid and the draft’s validity has expired.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13-B
Subjects
- divorce
- Section 13-B
- Hindu Marriage Act
- demand draft
- mediation settlement
- release of instrument
- appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 1104 of 2024
Saurabh Gupta
.....Appellant(s)
Versus
Smt Shalini Rai
.....Respondent(s)
Counsel for Appellant(s) : Anil Kumar Rai, Durgesh Kumar
Singh, Sr. Advocate
Counsel for Respondent(s) : Pradeep Kumar Sharma
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE VIVEK SARAN, J.
1. This is an appeal filed by the plaintiff-husband.
2. The divorce has already taken place under Section 13-B of the
Hindu Marriage Act, 1955. The only raised by learned counsel for
the appellant is that at the time of mediation at settlement an
amount of Rs.90 lakhs was to be paid by the appellant to the
respondent. Before this Court, the appellant had given a demand
draft of Rs.45 lakhs bearing number 411770 dated 04.04.2025
issued by Punjab National Bank in favour of the respondent.
3. During the pendency of this appeal and the directions passed in
this case, the parties approached the court below under Section
13-B of the Act and were granted divorce and the said order
granting divorce on mutual consent also records payment of Rs.90
lakhs by way of two separate demand drafts to the respondent.
Learned counsel for the respondent has admitted to the receipt of
entire amount of Rs.90 lakhs which was agreed upon during the
mediation process.
FAPL No. 1104 of 2024
2
4. The only relief that the appellant prays for from this Court is the
release of demand draft of Rs.45 lakhs bearing number 411770
dated 04.04.2025 issued by Punjab National Bank in favour of the
respondent as the validity of said demand draft has expired and if
so released to the appellant he can place before the bank and
encash the amount for his own use. The prayer is reasonable.
5. Office is requested to release the said demand draft bearing
no.411770 dated 04.04.2025 issued by Punjab National Bank, in
favour of the appellant or his duly appointed representative or
advocate.
6. With the aforesaid direction, this appeal stands finally disposed
of.
May 15, 2026
Deepika
(Vivek Saran,J.) (Atul Sreedharan,J.)
Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad
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