Jharkhand High Court
Prabir Kumar Ghosh vs Paromita Ghosh on 2 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
FA No. 183 of 2017
with
FA No. 191 of 2017
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Prabir Kumar Ghosh, son of Sri Ashoke Kumar Ghosh, resident of N-2/4,
Kharangaghar, Market, Telco Colony, PO & PS Telco, Town Jamshedpur,
District East Singhbhum. ..... ..... Respondent/Appellant
[In FA No. 183 of 2017]
Pravir Kumar Ghosh @ Prabir Kumar Ghosh, son of Sri Ashoke Kumar
Ghosh, resident of N-2/4, Kharangaghar, Market, Telco Colony, PO & PS
Telco, Town Jamshedpur, District East Singhbhum. .... Respondent/Appellant
[In FA No. 191 of 2017]
Versus
Paromita Ghosh, wife of Prabir Kumar Ghosh, daughter of Sri Sajal Ranjan
Bhadra, resident of M-44/06, Telco Colony, PO & PS Telco, Town
Jamshedpur, District East Singhbhum ..... ..... Petitioner/Respondent
[In FA No. 183 of 2017]
Paromita Ghosh, daughter of Sri Sajal Ranjan Bhadra, resident of M-44/06,
Telco Colony, PO & PS Telco, Town Jamshedpur, District East Singhbhum
..... ..... Petitioner/Respondent
[In FA No. 191 of 2017]
(Through V.C.)
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Praveen Shankar Dayal, Advocate
For the Respondent : Mr. Akhouri Awinash Kumar, Advocate
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ORDER
nd
2 March 2022
By Court:
FA No. 191 of 2017 has been filed by the husband against the
judgment dated 22nd February 2017 passed in Matrimonial Suit No. 38 of
2012 with Matrimonial Suit No. 136 of 2012 pursuant thereof decree was
sealed and signed on 10th March 2017 in Matrimonial Suit No. 38 of 2012.
2. The husband is aggrieved of the said judgment for the reason
that his petition for divorce filed under section 13(1)(ia) of the Hindu
Marriage Act, 1955 has been dismissed.
3. FA No. 183 of 2017 is directed against the aforesaid judgment
and decree passed in Matrimonial Suit No. 38 of 2012 which was filed by the
wife under section 9 of the Hindu Marriage Act, 1955 and by the said
judgment and decree, decreed in favour of the wife.
4. These two First Appeals were listed together on several
with FA No. 191 of 2017
occasions starting from 5th March 2018.
5. By an order dated 19th December 2018, IA No. 6539 of 2017 in
FA No. 183 of 2017 which was filed for condonation of delay in preferring
the First Appeal was allowed. Similarly, IA No. 6949 of 2017 in FA No. 191
of 2017 which was filed for condonation of delay in preferring the First
Appeal was allowed on the same day.
6. By an order dated 24th September 2019, the parties were directed
to appear before the learned Member-Secretary, JHALSA on 11 th October
2019 to explore the possibility of amicable settlement between the parties.
7. A mediation report was received in the Registry, which was
placed before the Court vide Flag-X. But the mediation failed, and the matter
was taken up on 18th November 2019. By an order dated 27th January 2020,
both First Appeals were admitted for hearing.
8. These First Appeals were listed before us, for the first time, on
6th January 2022 when the following order was passed by this Court:
"Order No.18 /Dated: 6th January, 2022
Mr. Ankit Vishal, the learned counsel for the respondent-
wife, states that now the respondent is tired of litigation and she is
also intending to seek divorce.
2. Mr. Praveen Shankar Dayal, the learned counsel who appears
for the appellant shall seek instructions in this regard.
3. Post this matter on 10th January 2022 under the heading "For
Orders"."
9. On 27th January 2022 to enable the parties to reduce the terms of
their compromise into writing, four weeks' further time was granted on the
request of the learned counsels appearing for the parties. On that day, the
following order was passed by this Court:
"Order No. 20 / Dated: 27th January 2022
"On 10th January 2022, the following order was passed by the
Court:
" Mr. Indrajit Sinha, the learned counsel for the respondent,
informs the Court that Mr. Praveen Shankar Dayal, the learned
counsel for the appellant, informed him in the morning that he
is unwell and, therefore, may not be able to join the Court
proceedings today.
2. Post these matters on 27th January 2022 under the heading
"Final Disposal".
3. It appears that now the parties have reached near an
amicable settlement of their disputes by agreeing to seek divorce
by mutual consent.
4. It is expected that on the next date of hearing, the learned
counsels appearing for the parties would be able to inform the
Court in this regard."
2. Mr. Praveen Shankar Dayal, the learned counsel for the appellant
states that the appellant and the respondent have agreed on certain
with FA No. 191 of 2017
terms for settlement of their disputes.
3. Mr. Akhouri Awinash Kumar, the learned counsel for the
respondent, on instructions, states that the respondent has agreed for
amicable settlement of the dispute with her husband.
4. The learned counsels appearing for the parties seek four weeks'
time for filing a joint compromise petition in the present proceeding.
5. On their request, post these matters on 02nd March 2022"
10. IA No. 1445 of 2022 has been filed in FA No. 183 of 2017 for
withdrawal of the First Appeal. A similar application vide IA No. 1446 of
2022 has been filed in FA No. 191 of 2017.
11. Both the applications are supported by the affidavits signed and
sworn on 18th February 2022 by Prabir Kumar Ghosh who is the appellant in
both the First Appeals. A copy of the Aadhaar Card of the appellant has been
produced along with the aforesaid applications and the appellant has been
identified by Mr. Rakesh Prasad who is the registered Clerk of Mr. L.N. Deo,
the learned counsel having registration No. 258 of 2019. Along with the
aforesaid applications, a copy of the mutual consent compromise executed on
18th February 2022 at Ranchi, signed by both the parties who were witnessed
by Mr. Akhouri Awinash Kumar, the learned counsel and Mr. Rakesh Prasad,
Clerk, has been brought on record.
12. Mr. Praveen Shankar Dayal and Mr. Akhouri Awinash Kumar,
the learned counsels appearing for the parties state that the parties have
arrived at an amicable settlement in terms of the compromise deed dated
18th February 2022. In view thereof, the appellant seeks to withdraw
FA No. 183 of 2017 and FA No. 191 of 2017.
13. Mr. Akhouri Awinash Kumar, the learned counsel for the
respondent, affirms that in terms of the compromise petition, which has been
signed by both the parties, the present First Appeals may be permitted to be
withdrawn.
14. Accordingly, FA No. 183 of 2017 and FA No. 191 of 2017 are
dismissed as withdrawn without expressing any opinion on the merits of the
matter.
15. IA No. 1445 of 2022 and IA No. 1446 of 2022 stand disposed of.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
The High Court of Jharkhand at Ranchi
Dated: 2nd March 2022
SB/Nibha-NAFR
