Jharkhand High Court
Neha Neelima Ekka vs Abhishek Rohit Khalkho on 8 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 02 of 2020
Neha Neelima Ekka Appellant
Versus
Abhishek Rohit Khalkho .... Respondent
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through Video Conferencing
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For the Appellant : Mr. Awinash Kumar, Advocate
For the Respondent : Ms. Priyanka Bobby, Advocate
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08/08.03.2021 Heard learned counsel for the parties.
2. Appeal has been preferred by the aggrieved defendant/appellant-wife
against the decree of divorce granted under Section 10(x) of Divorce Act, 1869 by
learned Principal Judge, Family Court, Ranchi by the impugned judgment dated
8th July, 2019 and decree dated 20th July, 2019 passed in Original Suit No. 562 of
2018/Original Suit No. 365 of 2017(Bokaro) instituted by the petitioner-
husband/respondent herein. While decreeing the suit, learned Family Court
awarded permanent alimony of Rs. 5 Lakhs to be paid by the petitioner-husband to
the respondent-wife.
3. During pendency of this appeal, parties were referred for mediation to
find out an amicable settlement of their dispute. Mediation has been successful as
per the report contained in Letter no. 305 dated 17th February, 2021 submitted by
learned Mediator, JHALSA. The terms and conditions of the settlement prepared
under the joint signature of both the parties, has been enclosed to the report.
Parties have agreed to separate on payment of Rs. 11 Lakhs as one time permanent
alimony and certain other terms and conditions such as return of articles received
in marriage by the husband to the wife and undertaking to withdraw all pending
cases between them. The terms and conditions of the agreement are being
reproduced hereunder:
"Agreement between 1st Party Abhishek Rohit Khalkho, s/o Ajit Kumar
Khalkho, R/o Sec-4/A, Qr. No. 3053, PO+PS Sector - 4 Bokaro Steel city, Dist-
Bokaro. And 2nd Party Neha Neelima Ekka, R/o Barik Toli, North office
Para, PO+PS, Doranda, Dist-Ranchi.
That the parties have come to amicable settlement as per the mediation done in
JHALSA. The parties have agreed to make the agreement binding on each
other. The parties have come to agreement on following points.
1. That the first party shall pay a sum of Rs. Eleven Lakhs (11,00,000 lakhs) to
the second party as one time alimony.
2. That the first party shall return the articles received in marriage which is
locked in a room in the house of the first party and the first party shall make
a list thereof for taking the receiving thereof on 27/02/2021 from the second
party.
3. That both the parties shall compromise, compound and withdraw all the
cases which they have filed against each other in different courts.
1. Complaint Case 383/2017 Abhishek Rohit Khalkho v. Neha Nilima
Ekka. In Bokaro Civil Court
2. Complaint Case no 988/2016 Abhishek Rohit Khalkho v. Neha
Nilima Ekka.
3. Complaint Case No 1506/2017 Neha Nilima Ekka v. Abhishek Rohit
Khalkho in Ranchi Civil Court.
4. Original Maintenance case 59/2018 Neha Nilima Ekka v. Abhishek
Rohit Khalkho. In Ranchi Civil Court.
4. That both the parties shall refrain from making any allegations, innuendos,
and libellous & slanderous statements against each other in future.
5. That both the parties shall not file cases against each other reiterating the
issues that have been compromised in present mediation settlement.
6. That no party shall claim against each other in future after disposal of all 04
cases listed in the agreement.
That the above mentioned conditions in para 01 to 03 shall be proceeded in the
following way.
1. That both the parties will make a joint compromise petition and submit it in
the Court for the disposal of the cases.
2. That the first party shall bring a cheque of Rs.Three Lakhs (3,00,000 lakhs)
with the compromise petition and shall handover the cheque at the time of
compromise of the first case.
3. The second cheque of Rs.Two lakhs (2,00,000 lakhs) will be handed over to
the 2nd party on compromise of the second case.
4. The third cheque of Rs.Three lakhs (3,00,000 lakhs) will be handed over on
the compromise of 3rd case.
5. The fourth cheque of Rs.Three lakhs (3,00,000 lakhs) will be handed over on
the compromise of 4th and the last case.
6. The first party has submitted that the articles have been lying in locked boxes
in a room and have not been touched ever since the 2nd party left the house.
7. The articles locked in a room will be delivered by the first party to the house
of maternal uncle of the second party which is nearby the house of the First
party on 27/02/2021.
8. That the first party shall make a list of the items and take a receiving of the
same from the second party on delivery of the items to the house of the
maternal uncle of the second party.
9. That the second party will give receiving of the delivery of the items as per
the list received and there shall be no claim after-wards.
That both the parties have read and understood the agreement and signed
thereof."
4. Learned counsel for the parties submit that pursuant to the settlement the
articles received in marriage have been returned by the husband on 27 th February,
2021. The amount of permanent alimony shall be paid in the manner indicated in
the terms agreed between the parties on happening of the events indicated
thereunder. Both the parties have undertaken to compromise, compound and
withdraw all the cases which they have filed against each other in different courts
i.e. Complaint Case no. 383/2017 pending before Bokaro Civil Court, Complaint
case no. 988/2016, Complaint case no. 1506/2017 and Original Maintenance Case
No. 59/2018 as described at para 3 of the settlement. Parties have agreed that they
shall not make any claim against each other in future after disposal of all four
cases listed in the agreement. Learned counsel for the parties submit that the
instant appeal may be disposed of in the light of the settlement. Parties undertake
to comply with mutual terms and conditions contained in the settlement.
5. We have considered the submission of learned counsel for the parties
and taken note of the terms and conditions agreed between them during the
mediation proceeding conducted at JHALSA. By the impugned judgment and
decree, divorce has been granted in favour of respondent-husband by learned
Family Court, Ranchi. Apparently parties have agreed to live separately once and
for all upon payment of permanent alimony of Rs. 11 Lakhs to the wife and
performance of reciprocal acts as per the terms of settlement such as return of
articles and withdrawal/compromise of the cases between them. As such, no
purpose is going to be served by keeping the instant appeal pending for
adjudication on merits.
6. The instant appeal stands disposed of in terms of the settlement. Let
terms of the settlement form part of the decree. Decree accordingly.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
Jk
