Jharkhand High Court
Dhananjay Kumar vs Sweta Rani on 27 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 46 of 2021
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Dhananjay Kumar ......Appellant
Versus
Sweta Rani ......Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Deepak Roshan
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For the Appellant : Mr. Mukesh Kumar, Advocate
For the Respondent : M/s. Kaushik Sarkhel, Rajni Singh, Advocates
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06 /27.07.2022 Appellant is the husband aggrieved by dismissal of Original Suit No.
429 of 2017 by impugned judgment dated 02.08.2021 and decree dated
06.08.2021 passed by learned Principal Judge, Family Court, Bokaro, by which
his prayer for dissolution of marriage with the respondent-wife under Section
13(i-a) was dismissed on contest. Parties have arrived at an amicable settlement
during mediation as per the report of learned Mediator, JHALSA bearing letter
no. 1789 dated 5th July, 2022. Parties are agreed to separate on payment of
permanent alimony of Rs. 20,25,000/- as one time settlement.
Both the parties are present in court today. Both the parties have on
being asked conveyed their intention to seek dissolution of marriage through
mutual consent under Section 13B of the Hindu Marriage Act, 1955 by
moving the competent Family Court, Bokaro. Appellant has come ready with
the three demand drafts totalling Rs. 20,25,000/-. However, learned counsel
for the appellant states on instruction that if the marriage is to be dissolved
through mutual consent by a decree of the learned family court the total
amount of permanent alimony may be disbursed in stages till the final decree
is pronounced. Parties agree that the amount of permanent alimony can be
disbursed in three instalments in the following manner:
1. The first instalment of Rs. 4,25,000/- towards permanent
alimony is to be paid today in the presence of the Court
through Demand Draft bearing no. 140108 dated 23.06.2022
issued by Central Bank of India, Chapakander(2936) Branch in
favour of respondent Shweta Rani;
2. The second instalment of Rs. 8,00,000/- through Demand
Draft bearing no. 140106 dated 23.06.2022 of the same Bank
issued in favour of the respondent has been produced by the
appellant, which would be handed over to the respondent on
the date of filing of application for divorce through mutual
consent.
3. The third instalment of Rs. 8,00,000/- through Demand Draft
bearing no. 140107 dated 23.06.2022 issued by the same Bank
in favour of respondent Shweta Rani would be paid by the
appellant on the date of judgment pronouncing dissolution of
marriage by learned Family Court. In case, the instant Demand
Draft bearing no. 140107 dated 23.06.2022 expires by that
date, appellant undertakes to renew it.
Learned counsel for the respondent submits that since the respondent is
residing at Patna in Bihar, she may be allowed travelling and incidental cost to
appear before the Family Court on the respective dates.
Having regard to the aforesaid request, we deem it proper to direct the
appellant to pay a sum of Rs. 2,000/- on each date, the respondent is required to
appear before learned Family Court for filing of the application for divorce
through mutual consent and on the dates which the first and second motion are
to be made or any other date on which parties are required to be present by
order of the learned Family Court. Parties undertake to file the application for
mutual consent through divorce within a period of two weeks preferably on 6th
August, 2022.
We have considered the submission of learned counsel for the parties
and taken note of the developments taken during pendency of this appeal and
also the proposal of the spouses to seek dissolution of marriage through
mutual consent under Section 13B of the Hindu Marriage Act, 1955 by
moving the competent Family Court Bokaro. The first instalment of Rs.
4,25,000/- through demand draft out of the permanent alimony of
Rs.20,25,000/- is being handed over to the respondent, in the presence of the
Court, which she acknowledges. Parties are expected to abide by terms agreed
by them and incorporated in the order today.
There are no other cases pending between the parties. As such, the
instant appeal is disposed of in terms of the settlement arrived at between the
parties and the conditions agreed between them as incorporated in the
judgment being passed today.
The payment of interim maintenance @ 15,000/- as per order of
learned Family Court, Bokaro in Original Maintenance Case No. 238 of 2018
vide judgment dated 14th September, 2021 shall stop from the date on which
the judgment is pronounced on the application for divorce through mutual
consent between the parties by Family Court, Bokaro.
(Aparesh Kumar Singh, J)
(Deepak Roshan, J)
jk/
