Sulakshana Kumari @ Sulakshana ... vs Dr. Shambhu Sharan Pandey
2021 Latest Caselaw 1394 Jhar

                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
                                            ---

07/18.03.2021 Heard learned counsel for the parties.

2. Appellant-wife preferred this appeal being aggrieved by the judgment and decree of divorce dated 26.02.2019 and 02.03.2019 granted by learned Principal Judge, Family Court, Bokaro on the grounds of desertion under Section 13(1)(i-b) of Hindu Marriage Act, 1955 with a permanent alimony of Rs. 20 Lakhs in favour of respondent/appellant.

3. During mediation proceedings parties have arrived at a settlement, terms and conditions whereof are enclosed to the report of learned Mediator, JHALSA bearing Letter no. 364 dated 25th February, 2021. They 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 -2- 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."

4. The matter was adjourned on 1st March 2021 on the submission of learned counsel for the respondent that he would seek revalidation of the demand draft of Rs. 20 Lakhs, which have been deposited before the Family Court,

Bokaro as permanent alimony and add Rs. 9 Lakhs to it to comply with the terms of settlement and transfer Rs. 29 Lakhs in the account of the appellant through NEFT/RTGC before the next date.

5. On instruction, learned counsel for the parties submit that an amount of Rs. 29 Lakhs have been transferred to the Account of the appellant by the respondent and as such the terms of settlement stands complied with. There are no other cases pending between the parties. Parties have agreed to live separately without any interference in each other's life nor stake any claim to each other's property in future. Therefore, it is prayed that the appeal may be disposed of in terms of the settlement.

6. We have considered the submissions of learned counsel for the parties and taken note of the amicable settlement arrived during mediation proceedings at this appellate stage. By the impugned judgment and decree, learned Family Court, Bokaro has dissolved the marriage between the parties. Since the parties don't intent to contest the appeal, in the light of the settlement arrived at between them, there is no purpose in keeping the appeal pending.

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

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Jk