Jharkhand High Court
Sulakshana Kumari @ Sulakshana ... vs Dr. Shambhu Sharan Pandey on 1 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 317 of 2019
Sulakshana Kumari @ Sulakshana Pandey --- --- Appellant
Versus
Dr. Shambhu Sharan Pandey --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Through Video Conferencing
For the Appellant : Mr. Anil Kumar Sinha, Advocate
For the Respondent : Mr. Subhashis Rasik Soren, Advocate
06/01.03.2021 Mediation has been successful as per the report of the learned
Mediator, JHALSA Mr. Suman Kumar Shrivastava bearing letter no. 364
dated 25.02.2021.
The Original Suit No. 224 of 2016 instituted by the petitioner
husband/ respondent herein under Section 13 (1) (ib) of the Hindu
Marriage Act, 1955 on the ground of desertion was allowed by the
learned Principal Judge, Family Court, Bokaro by judgment dated
26.02.2019 and decree dated 02.03.2019 with a permanent alimony of
Rs.20 Lakh. During mediation proceedings parties have amicably
resolved their lingering matrimonial dispute by agreeing to live
separately with enhancement of the permanent alimony to Rs.29 Lakhs.
The terms of the settlement have been jointly signed by the parties and
enclosed to the report of the learned Mediator, JHALSA. The terms of
the settlement are being reproduced hereunder:
"That we do not want to live together, and will live separately.
The learned Principal Judge, Family Court, Bokaro has granted
us divorce in original suit no. 224/2016 on March 2 2019.
That we have no children out of this marriage.
That my husband has agreed to give me alimony of Rs. 29 Lakh
(Rupees Twenty Nine Lakhs only) through demand draft.
That my husband has already deposited Rs. 20 Lakh as alimony
in the Bokaro court as ordered by the learned Family Court
while granting us divorce.
That my husband will pay the rest of Rs.9 Lakhs (rupees nine
lakhs) on March 1 when the honourable Jharkhand High Court
takes up the case for hearing.
That my husband will get the demand draft of Rs.20 lakh
deposited in the learned Bokaro court as alimony revalidated
within 15 days after I receive it from the learned Bokaro court
after the order of the Hon'ble high court in this case.
That all the transactions will be done though demand draft and I
will give receipts of all the amount received by me.
That there is no other case pending between us except FA no.
317/2019. If there is one, the onus to withdraw the same will lie
on the applicant on the case.
That both of us will lead our life independently after payment of
the aforesaid alimony of Rs. 29 lakh (rupees twenty lakhs) and
the divorce is final and the disposal of the case between us. We
will not interfere in each other's life nor stake any claim to each
other's property in future.
That both of us will follow the terms and conditions of the
agreement in letter and spirit and cooperate each other in
execution of the agreement signed through video conferencing."
As per the submission of learned counsel for the respondent, a
demand draft of Rs.20 Lakhs earlier deposited before the learned Family
Court, Bokaro as permanent alimony needs to be revalidated adding Rs.
9 Lakhs also to it. Therefore, he submits that matter may come up after
two weeks so that necessary formalities seeking return of the demand
draft from the learned Family Court and its revalidation by adding
amount of Rs. 9 Lakhs can be done within this time by the Respondent.
He submits that amount can be transferred to the account of the appellant
through NEFT / RTGS before the next date. Learned counsel for the
appellant has provided the accounts detail of the appellant as under on
which such amount may be transferred through electronic mode:
Sulakshana Kumari
A/C No. 3290108002827
IFSC Code-CNRB 0003290
Branch- Canara Bank, Nawada
In the aforesaid circumstances on account of amicable settlement
of the dispute between the parties, matter is adjourned for 18.03.2021 to
enable the aforesaid terms and conditions to be complied with on the
part of the respondent. There are no other cases pending between the
parties.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
