ASHU DUBEYversusPREETI DUBEY

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                     FIRST APPEAL No. - 674 of 2023

Ashu Dubey
                                                           .....Appellant(s)
                                  Versus

Preeti Dubey
                                                         .....Respondent(s)

Counsel for Appellant(s)          :   Ram Bahadur, Ravi Yadav
Counsel for Respondent(s)         :   B.N.Singh, Manish Kumar Singh

Court No. - 2
                 HON'BLE ATUL SREEDHARAN, J.
                 HON'BLE VIVEK SARAN, J.

1. The matter has been taken up out of turn on the mention made by Sri

Manish Kumar Singh, learned counsel for the opposite party/wife. He

expresses his inability to serve the notice to the counsel representing the

appellant/husband.

2. Learned counsel for the respondent/wife submits that pursuant to the

order dated 23.5.2023, the matter was referred to the mediation centre and

in the mediation proceedings, the dispute inter-se the appellant/husband

and respondent/wife was amicably settled pursuant to which joint divorce

petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter

referred to as the "Act") was filed which was registered as Case

No.1465/2023 before the Principal Judge, Family Court, Jaunpur and the

same was decreed on 27.5.2025 whereby the marriage solemnized on

11.06.2014 was dissolved.

3. Learned counsel for the respondent/wife has produced a certified copy

of the judgement and order dated 27.5.2025 before the Court, the same is

taken on record and marked as "X".

4. Learned counsel for the respondent/wife further submits that in view of

the judgement dated 27.5.2025, this appeal and the connected appeal
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being First Appeal No.677 of 2023 wherein on the application made by

the wife under Section 9 of the Act, an order was passed, has become

infructuous.

5. He further submits that under the order dated 23.5.2023 of this Court in

the instant appeal the dispute was referred for mediation and there was a

direction for deposit of Rs.2,50,000/- by the appellant/husband in the

mediation proceedings out of which Rs.2,00,000/- was to be retained in

interest bearing term deposit and the said amount had to abide by the

terms of the mediation or the final order of this Court. He further submits

that in spite of conclusion of all proceedings as per the terms of

mediation, this amount of Rs.2,00,000/- still remains to be paid and

therefore a specific order is required be passed and he accordingly prays

for the same.

6. Heard the counsel for the respondent and have perused the record.

7. This Court by order dated 23.5.2023 has passed the following order:-


     "1. Heard Sri Utkarsh Srivastava, learned counsel for the appellant and

     Sri Manish Kumar Singh, learned counsel for the respondent.

     2. At present, divorce sought by the appellant has been declined and
     proceedings for restitution of conjugal rights under Section 9 of Hindu
     Marriage Act, 1955 has been allowed.
     3. Parties are still young and there are no issues born to him.
     4. On the suggestion of the Court, both counsel state that there is hope in
     mediation. At the same time, learned counsel for the opposite party states,
     at present, in excess of Rs. 2,00,000/- is due from the appellant towards
     interim maintenance.
     5. Accordingly, the matter may be referred to the Mediation Centre of this
     Court. In the facts noted above, it is directed that the appellant shall
     deposit a sum of Rs. 2,50,000/- by 15.06.2023 with the Mediation Centre,
     of which Rs. 50,000/- shall be paid to the opposite party, Preeti Dubey
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                                   3


     (wife of the appellant) for appearance before the Mediation Centre on a
     date to be fixed by the Mediation Centre. Balance Rs. 2,00,000/- shall be
     retained in interest bearing term deposit which shall abide by the terms
     of the settlement reached or further orders of this Court.
     6. The matter is referred to the Mediation Centre with the direction that
     same may be tried to be resolved after giving notices to the appellant and
     opposite party.
     7. It is directed that Mediation Centre shall proceed in the matter
     expeditiously preferably within a period of three months. Thereafter the
     case shall be listed before appropriate Bench along with First Appeal No.
     677 of 2023 showing the name of Sri Manish Kumar Singh, as counsel for
     the respondent.
     8. Subject to the appellant depositing the amount of Rs. 2,50,000/- as
     above, till the next date of listing, further proceedings against the
     appellant in pursuance of Case No. 157 of 2018 (Anshu Dubey Vs. Preeti
     Dubey) dismissing the suit for divorce filed by the appellant under Section
     13 of the Hindu Marriage Act, 1955, shall be kept in abeyance.
     9. After depositing the amount, aforesaid, notice shall be issued to the
     appellant and opposite party and in the case the aforesaid amount is not
     deposited within the aforesaid period, the interim protection granted
     above shall automatically be vacated."


8. Pursuant to which the mediation was conducted successfully and a

settlement was entered between the parties on 20.12.2023. The said

settlement recites in its clause 7 an interim settlement dated 29.11.2023

which reads as under:-

           "a) The parties have already settled their dispute and filed a
           divorce petition u/s 13-B of the Hindu Marriage Act before
           the Family Court, Jaunpur, which is registered as Case No.
           1465/2023. The certified copy of aforesaid divorce petition is
           being annexed to this settlement for kind perusal of the
           Hon'ble Court.
           b) That it has been agreed between the parties that the
           husband shall pay an amount of Rs. 15,00,000/- (Rupees
           Fifteen Lakhs Only) to the wife as permanent alimony
           including Stridhan and maintenance of the wife. The
           aforesaid amount includes the amount of Rs.2,00,000/-
           deposited with the Mediation Centre in compliance of the
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                                   4

           order dated 23.05.2023 of the Hon'ble Court. After receiving
           the aforesaid amount, she shall not entitled to claim any
           further maintenance of any nature whatsoever from the
           husband and his family member in any manner whatsoever
           under any circumstances nor she shall stake any claim in the
           property of husband or his family members under any
           circumstances or under any law.
           c) That on 29.11.2023, the husband had produced a demand
           draft bearing no. 997910 dated 21.11.2023 drawn on State
           Bank of India for Rs.3,00,000/- (Rs. Three Lakh Only) issued
           in the name of Priti Mishra (wife), which was kept in the file
           concerned and the same has been handed over to the
           Respondent-wife today i.e. 20.12.2023 and she has
           acknowledged the receipt of the same.
           d) That today i.e. 20.12.2023, the husband has handed
           another demand draft bearing no.997914 dated 14.12.2023
           drawn on State Bank of India for Rs. 2,50,000/- (Rs. Two
           Lakh Fifty Thousand Only) in favour of Priti Mishra (Wife),
           to the Respondent-Wife and she has acknowledged the
           receipt of the same.
           e) That it has been agreed between the parties that the
           remaining amount i.e. Rs. 7,50,000/- (Rs. Seven Lakh Fifty
           Thousand Only) shall be paid by Ashu Dubey (Appellant-
           husband) to Smt. Preeti Dubey (Respondent-wife) at the time
           of final judgment on the application u/s 13 B of the Hindu
           Marriage Act, before the Principal Judge, Family Court,
           Jaunpur, by way of demand draft of a nationalized bank.
           f) That it has also been agreed between the parties that all
           the cases, (if any) civil or criminal case is pending between
           the parties against each other regarding present matrimonial
           dispute shall also be withdrawn by the parties concerned as
           soon as possible in view of this settlement-agreement.
           g) That the parties further agreed that they shall not file any
           fresh case/complaint against each other regarding present
           matrimonial dispute in any manner whatsoever."

9. This settlement in its clause 7 (b) do states that the amount of

Rs.2,00,000/- deposited with the mediation centre would be settled

towards the total amount which the respondent/wife was entitled to

receive.

10. The judgement and order dated 27.5.2025 passed in Case No.1465 of

2023 by the Principal Judge, Family Court, Jaunpur dissolving the

marriage, there is a statement made by the parties that this amount of

Rs.2,00,000/- would be adjusted towards the final amount which has been
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                                    settled.

                                    11. Thus, in view of the aforesaid, when the parties have already got their

                                    marriage dissolved and there is nothing on record disputing the

                                    entitlement of the respondent to receive the amount of Rs.2,00,000/-

                                    deposited at the Mediation Centre under the orders of this Court dated

                                    23.5.2023, with interest, the same is directed to be released in favour of

                                    the respondent/wife along with accrued interest, if any, by the Mediation

                                    Centre within a period of one month from the date of production of

                                    certified copy of this order along with necessary bank details, if not

                                    already paid.

                                    12. In view of the above, the instant appeal stands disposed of.

                                    13. No order as to cost.



                                                                       (Vivek Saran,J.) (Atul Sreedharan,J.)
                                    April 27, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad