Santosh Kumar Ranjan vs Shashi Kiran Devi
2021 Latest Caselaw 2518 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       First Appeal No. 67 of 2018
     Santosh Kumar Ranjan                          --- --- Appellant
                              Versus
     Shashi Kiran Devi                              --- --- Respondent
                                    .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

Through Video Conferencing

For the Appellant : Mr. Praveen Shankar Dayal, Advocate For the Respondent : Mr. Anurag Kashyap, Advocate

19/24.07.2021 Both the parties have joined the proceedings online pursuant to the order dated 22.06.2021 read with order dated 14.07.2021. Both the parties have expressed their intention to adhere to the terms of the settlement arrived at during mediation at D.L.S.A., East Singhbhum, Jamshedpur on 16.03.2021 ( copy enclosed to the letter dated 18.03.2021 submitted by the Secretary, D.L.S.A., East Singhbhum, Jamshedpur at Flag-X). Appellant has paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs) by way of demand draft to the second party, which she acknowledges. Both the parties have moved the learned Family Court, East Singhbhum, Jamshedpur for divorce with mutual consent under Section 13B of the Hindu Marriage Act on 22.07.2021 in terms of the settlement. The salient features of the terms of the settlement are extracted hereinbelow:

1. "That during the course of discussions both the parties agreed to dissolve their marriage as solemnized on 29.04.2004 and accordingly have settled all their disputes on the following terms and conditions.

2. That the parties above named will file mutual divorce petition before the court of the learned Principal Judge Family Court Jamshedpur within a month from this agreement.

3. That the first party member will pay Rs.28,00,000/- (Twenty Eight Lakhs Only) to the second party member and her only son as their permanent alimony.

4. That out of Rs.28,00,000/- (Twenty Eight Lakhs Only), the first party member will pay Rs.10,00,000 (Ten Lakhs Only) by way of Demand Draft to the second party member on the day of the filling of the mutual divorce petition/suit.

5. That sum of Rs.8,00,000/- (Eight Lakhs Only) will be paid by the first party member to the second party member on the day of the disposal of the C/1. Case No. 4879 of 2013 pending in the court of ACJM, Jamshedpur.

6. That sum of Rs.6,00,000/- (Six Lakhs Only) will be paid by the first party member to second party member on the day of the set-aside order of final maintenance passed in maintenance case no. 181/2013 by the court of Principal Judge, Family Court, Jamshedpur.

7. That sum of Rs.4,00,000/- (Four Lakhs Only) will be paid by the first party member to second party member on the day of the final statement recorded in the proposed mutual divorce suit.

8. That the second party member and her son will not claim any amount from the first party member or his any other family member and even

will not claim his or his parent's moveable and immoveable property.

9. That only child will remain under the custody of the second party member and the first party member will not claim for his custody.

10. That ongoing maintenance amount will be stopped by the first party member from the month of April 2021.

11. That the parties have agreed to bear their own cost of litigations.

12. That the parties have further agreed to abide by the aforesaid terms and conditions and to appear before the court concerned on the date fixed for disposal.

13. That in case, if any of the party fails to full-fill the conditions of this settlement, either party will have liberty to take shelter of law / court according to their choice.

14. We participated in physical mediation, read the contents of this settlement and we signed over it."

Learned counsel for the parties submit on instructions that that appeal may be disposed of since the parties have already move the learned Family Court at East Singhbhum, Jamshedpur for divorce through mutual consent and undertaken to adhere to the terms of settlement.

This appeal was preferred by the aggrieved husband upon dismissal of Original Suit No. 314 of 2013 seeking divorce from his wife, respondent herein under Section 13(1)(ia)and (ib) of the Hindu Marriage Act by the judgment and decree dated 02.02.2018 passed by learned Principal Judge, Family Court, East Singhbhum at Jamshedpur. However, during pendency of this appeal, since the parties have arrived at an amicable settlement and moved the learned Family Court, East Singhbhum at Jamshedpur for divorce through mutual consent, no purpose would be served by adjudicating this appeal on merits. Parties have undertaken to adhere to the terms of the settlement.

Accordingly, the appeal stands disposed of in terms of the settlement. Let the settlement form the part of the decree. Decree accordingly.

Learned counsel for the respondent states that he would advise his client to move the competent court of criminal jurisdiction at Jamshedpur for disposal of complaint case being C1 Case No. 4879 of 2013 as also the maintenance case no. 181 of 2013 pending before the learned Family Court at Jamshedpur in terms of the settlement.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.)

A.Mohanty