Gautam Kumar Arya vs Priya Kumari
2022 Latest Caselaw 1570 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     First Appeal No. 48 of 2021
     Gautam Kumar Arya                           --- --- Appellant
                                 Versus
     Priya Kumari                                --- --- Respondent


                               .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant : Mr. Purnendu Sharan, Advocate For the Respondent : Mrs. Nitu Sinha, Advocate

06/19.04.2022 Heard learned counsel for the parties.

2. The appeal is directed against the judgment dated 21.08.2021 and decree dated 02.09.2021 passed in Original Suit No. 10 of 2019 by the court of learned Principal Judge, Family Court, Godda whereby the suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 preferred by the petitioner / appellant-husband has been dismissed.

3. Parties have arrived at an amicable settlement of their matrimonial dispute during course of mediation proceedings at JHALSA at the appellate stage. The terms and conditions agreed between the parties under their joint signature dated 04.03.2022 are enclosed to the report of the learned Mediator, JHALSA bearing letter no. 721 dated 05.03.2022. Learned counsel for the parties submit that parties have decided to sever their matrimonial ties amicably through mutual consent on the terms and conditions agreed in the settlement.

4. Learned counsels for the parties submit that an alimony of Rs. 21,30,000/- was to be paid by the husband, which has been duly paid. Learned counsel for the respondent wife submits that certain articles and ornaments as enumerated in the settlement have also been returned to the respondent by the appellant. Respondent has also returned certain ornaments to the appellant, which he acknowledges. Learned counsels for the parties submit that instant appeal may be disposed of in terms of the settlement so that parties may move the appropriate Family Court for a decree of divorce through mutual consent.

5. We have considered the submissions of learned counsels for the parties and taken note of the development that has taken place during pendency of the appeal. The parties have arrived at an amicable

settlement during mediation. As per the learned counsels for the parties, terms and conditions relating to payment of alimony and return of articles / jewellery to each other have also been complied. Parties are required to approach the competent Family Court for seeking decree of divorce through mutual consent under Section 13B of the Hindu Marriage Act, 1955. Therefore, there is no purpose in adjudicating the appeal.

6. The appeal is accordingly disposed of in terms of the settlement. Let the terms of settlement form part of the decree. Pending I.A. is closed.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty