Jharkhand High Court
Manoj Kumar Sao @ Manoj Sao vs The State Of Jharkhand on 6 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 3989 of 2020
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Manoj Kumar Sao @ Manoj Sao ... ... Petitioner
Versus
1.The State of Jharkhand
2.Sumitra Devi @ Sumitra Kumari ... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Ms. Pinki Kumari, Advocate
For the Opposite Party No. 1 : Mr. Satish Prasad, A.P.P.
For the Opposite Party No. 2 : Mr. Satish Kumar, Advocate
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4/06.01.2021 Heard the parties.
The petitioner is apprehending his arrest in connection with C. P.
Case No. 602 of 2018.
It has been stated by Mr. Satish Kumar, learned counsel for the
opposite party no. 2 that in the mediation, one time settlement has been
arrived at and the petitioner has to pay Rs. 1,75,000/- in total to the
opposite party no. 2 in various installments as enumerated in the said
settlement.
When the matter was taken up yesterday, Ms. Pinki Kumari,
learned counsel for the petitioner had submitted that the petitioner is
ready to transfer his land comprising of 9 decimals to the opposite party
no. 2 in lieu of the amount of Rs. 1,75,000/- as agreed upon. Mr. Satish
Kumar, learned counsel for the opposite party no. 2 had objected to the
said proposal by stating that the 9 decimals of land which the petitioner
has proposed to give, is in a remote area and is not a cultivable land. The
matter was accordingly adjourned and today on instruction, learned
counsel for the petitioner submits that her client is ready to deposit Rs.
1,75,000/- as one time settlement in favour of the opposite party no. 2.
However, she has expressed an apprehension that once, the amount is
paid to the opposite party no. 2, she shall not cooperate in filing the
application under Section 13-B of the Hindu Marriage Act.
On being confronted with the said contention, learned counsel for
the opposite party no. 2 readily agreed to immediately file an application
under Section 13-B of the Hindu Marriage Act for mutual divorce
In view of the stand taken by the learned counsel for the respective
parties and since the matter has been compromised between them, which
is also indicated in the earlier settlement deed, the petitioner and the
opposite party no. 2 are directed to file an application under Section 13-B
of the Hindu Marriage Act for mutual divorce within a period of one
month from today. It is further directed that on the date when the
application under Section 13-B of the Hindu Marriage Act is filed, the
petitioner shall deposit a draft of Rs. one lac drawn in the name of
opposite party no. 2 before the same court, where such application is
being filed and if the draft is deposited, the learned court below shall
hand it over to the opposite party no. 2. The rest amount of Rs. 75,000/-
as agreed upon shall be deposited by way of draft before such court by
the petitioner drawn in the name of opposite party no. 2 on the day when
the final judgment is passed in the application under Section 13-B of the
Hindu Marriage Act preferred by both the parties.
In order to ensure that the compromise so effected comes to a
logical conclusion, let this case be listed in the second week of February
2021 under the heading 'For Orders'.
On that date, both the learned counsels shall inform this court as to
whether the condition (s) as stated in this order has been fulfilled or not.
If the conditions indeed are adhered to, further orders/directions shall be
accordingly passed.
Until further orders, interim order granted on 17.09.2020 shall
continue.
Let a copy of this order be sent to the learned counsels for the
respective parties through email.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
