Jharkhand High Court
John Prakash Kujur vs Rekha Lakra on 25 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 305 of 2019
John Prakash Kujur --- --- Appellant
Versus
Rekha Lakra --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mr. Manoj Kr. Sah, Adv.
For the Respondent : Mr. Ranjan Kr. Singh, Adv.
---
14/25.11.2021 Heard learned counsel for the parties.
Appellant is the husband being aggrieved by the dismissal of
Original Suit No.43 of 2016 vide impugned judgment dated 28th August 2019
passed by the learned Principal Judge, Family Court, Godda whereby the
prayer for decree of divorce against the defendant/respondent wife under
Section 10(ix) and (x) of the Divorce Act, 1869 has been dismissed.
During the pendency of this appeal, parties participated in a
mediation process at JHALSA which has been successful. The report of
learned Mediator, JHALSA dated 1st March 2021 bearing letter no.373
enclosing the terms of settlement jointly signed by the parties on 25th
February 2021 which is on record. Both the parties have filed a joint
compromise petition in terms thereof on 22nd November 2021. The terms of
settlement are as under :-
(i) Parties have agreed to resolve their disputes and live happily
together.
(ii) Appellant-husband has agreed to keep his wife separately in
other house (joint property) where he will visit and take care of
her which the respondent has agreed to.
(iii) Respondent has promised to keep harmony with other family
members and problem, if any, would be resolved within family.
(iv) She has further promised to keep with her the motorcycle which
was purchased by her where she resides and the monthly
instalment is also paid by the respondent.
(v) The appellant husband has agreed to deposit fixed monthly
instalment in the wife's account as per the direction of the trial
court and the respondent has promised to consult her husband
before spending big amount.
(vi) Both the parties have agreed not to abuse each other or quarrel
on petty issues.
(vii) In the light of compromise both the parties have agreed to
withdraw all pending cases between them.
As per the terms, the parties have arrived at the settlement on
their own free will and volition without any undue influence.
Learned counsel for the parties submit that the appeal may be
disposed of in terms of the settlement as the parties are living happily as
agreed.
We have considered the submissions of learned counsel for the
parties and taken note of the terms and conditions arrived at in the amicable
settlement between the parties through mediation.
If the parties have chosen to resolve their dispute amicably and
reside happily on the terms agreed between them, there is no reason to keep
the appeal pending for any adjudication on merits. The appeal is accordingly
disposed of in terms of the settlement. Let the settlement form a part of the
decree. Decree accordingly. I.A. No.6355/2020 is closed. I.A. No.6557/2021
is disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Shamim/
