Sujit Kumar vs Smt. Jayanti Kumari
2021 Latest Caselaw 2789 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   First Appeal No. 24 of 2020

             Sujit Kumar                                    ---    ---    Appellant
                                              Versus
             Smt. Jayanti Kumari                            ---    ---   Respondent
                                                 ---

              CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                  Through:     Video Conferencing
                                                 ---
              For the Appellant:       Ms. Nazia Rashid, Advocate
              For the Respondent:      Mr. Jitendra Nath Upadhyay, Advocate
                                         ---
08 / 09.08.2021      Heard learned counsel for the parties.

2. Petitioner-husband in Original (Mat) Suit No. 348/2014 is the appellant, being aggrieved by the dismissal of the suit seeking dissolution of marriage on the ground of desertion with the Respondent-wife, vide impugned judgment dated 30.11.2019 and decree dated 05.12.2019 passed by the learned Additional Principal Judge, Additional Family Court, Jamshedpur.

3. Parties have arrived at an amicable settlement of the dispute through mediation at JHALSA at this appellate stage. Learned Mediator, JHALSA has submitted a report at Flag 'X' bearing letter no. 1589 dated 04.08.2021 and also enclosing the terms of the settlement jointly signed by the parties in his presence. As per the terms of the settlement, parties have agreed to live together. Appellant is working in a private Firm at Bundu. Therefore, Respondent, with her consent, would stay in her maternal house for the time being and the son would undertake studies at Jamshedpur; Appellant would bear the cost of his education; Appellant would also be able to visit and meet his son twice a month with prior information; In the future whenever the appellant-husband works at Jamshedpur or any other town, parties would stay together along with their son and the expenses would be borne by the appellant; In case of any dispute arising in future, both parties have agreed to settle it amicably; Both parties have agreed to withdraw any proceeding pending before any court or to get it disposed of in terms of this settlement. Both parties have also agreed that they will not do anything to cause physical or mental agony to either of them. Appellant would continue to bear the essential expenses of his wife and son, as per his income and status.

5. Learned counsel for the parties submit that appeal can be disposed of in the light of the settlement arrived at between the parties since no matrimonial dispute remains to be adjudicated now.

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6. We have considered the submissions of learned counsel for the parties and taken note of the terms of settlement arrived at between the parties amicably during mediation. Having regard to the aforesaid facts and circumstances and that the parties have agreed to live together on the terms agreed between them, no purpose would be served in adjudicating this appeal on merits. Accordingly, the appeal stands disposed of in terms of the settlement. Decree accordingly. Let the terms of settlement form part of the decree.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/