Dinesh Lal Barnwal vs Sushma Rani @ Sushma Kumari ...
2022 Latest Caselaw 4497 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  First Appeal No. 154 of 2019

            Dinesh Lal Barnwal                    ---           ---    Appellant
                                            Versus
              Sushma Rani @ Sushma Kumari Barnwal---            ---   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. Vishal Kr. Trivedi, Advocate For the Respondent: Mr. Rajiv Kr. Karn, Advocate

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07 / 10.11.2022 Appeal was preferred by the Defendant-father-in-law against the judgment dated 11.03.2019 passed in Title Matrimonial Suit No. 585/2016, whereby the suit preferred by the plaintiff / Respondent Widow daughter-in- law under Section 19 of Hindu Adoption and Maintenance Act, 1956, was allowed with a direction to the Defendant / appellant herein to pay maintenance of Rs. 15,000/- per month to the plaintiff till she is alive and her two minor children Aryan Raj and Rishabh Raj till they attain the age of majority, to be paid by 10th of each succeeding month. Litigation cost of Rs. 3,000/- was also allowed in favour of the plaintiff.

2. Parties were referred for mediation vide order dated 13.09.2022. Mediation has been successful. Amicable settlement arrived between the parties is enclosed to the report of learned Mediator, JHALSA bearing letter no. 2812 dated 14.10.2022. As per the terms of settlement, the appellant has agreed to bear the educational expenses of his two minor grandsons @ Rs. 5,000/- per month to be paid by 7th of every month in the designated bank account of the Respondent herein. Respondent has also agreed to go to her in-law's place from time to time. Both minor children would also visit their paternal home during school holidays. Appellant has agreed to withdraw the instant First Appeal. Respondent has also agreed to withdraw the Title Matrimonial Suit No. 585/2016 i.e. the suit from which the instant appeal arises and the Civil Miscellaneous Case No. 28/2022 from the Additional Family Court, Dhanbad. Parties have agreed that in the event of any dispute, the younger brother of the appellant namely Binay Kumar Barnwal would act as a Mediator.

3. Learned counsel for the appellant therefore seeks permission to withdraw this appeal.

4. Learned counsel for the Respondent-daughter-in-law has also endorsed the submission since the dispute has been settled.

5. As such, there is no dispute left to be adjudicated in the appeal. In view of the settlement arrived between the parties, appeal is disposed of in terms of the settlement. Let the settlement form part of the decree.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/