Sangeeta Topno vs Mr. Ritesh Kumar Jaiswal
2021 Latest Caselaw 138 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       First Appeal No. 69 of 2019

             Sangeeta Topno                                         ---    ---    Appellant
                                                  Versus
             Mr. Ritesh Kumar Jaiswal                               ---    ---   Respondent
                                                  ---

             CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                        Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                 Through:    Video Conferencing
                                                  ---
             For the Appellant:       Mr. Birendra Kumar, Advocate
             For the Respondent:      Mr. Rajeev Kr. Sinha, Advocate
                                           ---
07 / 11.01.2021     Heard learned counsel for the appellant Mr. Birendra Kumar and Mr. Rajeev
             Kumar Sinha for the Respondent-husband.

2. Appellant is aggrieved by the dismissal of Original Suit No. 487/2015 instituted under section 27(1) of Special Marriage Act, 1954 by the impugned judgment and decree dated 04.01.2019 and 17.01.2019 passed by the learned Principal Judge, Family Court, Ranchi.

3. During pendency of this appeal, parties have entered into a settlement during mediation and decided to dissolve their marriage. Appellant has not made any claim for maintenance or alimony. Both parties have filed a joint compromise petition (I.A. No. 30/2021) in terms of settlement. Terms of the settlement are incorporated at para- 3 of the I.A. Since the appellant is a gynecologist and working in the State Health Department, she does not want to make any claim for maintenance or alimony either presently or in future; no civil or criminal case is pending in any Court of law. Parties have prayed for a decree of divorce in terms of the compromise. Learned counsel for the parties also submit that the appeal may be disposed of in the light of the settlement arrived at between the parties by passing a decree of dissolution of their marriage.

4. We have considered the submissions of learned counsel for the parties in the light of the settlement arrived at between the parties and brought on record by way of a joint compromise petition (I.A. No. 30/2021). Since the parties have entered into settlement during pendency of this appeal, there is no purpose of entering into adjudication of this appeal on merits. As such, this appeal is disposed of in terms of the settlement arrived at between the parties. Marriage between the parties stands dissolved. Let a decree be prepared accordingly. Terms of settlement shall form part of the decree. I.A. stands disposed of.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Ranjeet/