Uttam Kumar vs Sarita Kumari
2022 Latest Caselaw 4747 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
              (Civil Appellate Jurisdiction)

                               FA No. 374 of 2018

Uttam Kumar, son of late Jai Prakash Narayan Munsi, resident of village-
Daludih, Rajganj, PO Daludih, PS Rajganj, District Dhanbad, presently
residing at LIG, 280, Housing Colony, Bartand, Near Shiv Temple, PO
Bartand, PS & District- Dhanbad                 .....     .....      Appellant
                                 Versus
Sarita Kumari, wife of Uttam Kumar, daughter of Sri Santosh Barai, resident
of village Tandwa, PO & PS Tandwa, District Hazaribagh
                                                 .... ....... Respondent
                                 ------
 CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
               HON'BLE MR. JUSTICE RATNAKER BHENGRA
                                       -------
            For the Appellant           : Mr. Rakesh Kumar Sinha, Advocate
            For the Respondent          : Mr. Shrawan Kumar, Advocate
                                     ------
                                   ORDER

th 28 November 2022 Per, Shree Chandrashekhar,J.

The appellant is aggrieved of the judgment dated 23rd July 2018 passed by the Family Court, Dhanbad in TMS No. 632 of 2014 by which the divorce suit filed by him has been dismissed.

By an order dated 25th January 2021, the parties were directed to undertake mediation exercise at JHALSA and, at one stage, it appears that the parties had agreed for peaceful separation on certain terms and conditions, one of which included payment of permanent alimony to the tune of Rs. 10,25,000/- to the wife.

The order dated 28th July 2021 records as under: "10/28.07.2021 It appears that mediation has been successful, as per the report at Flag 'X'- bearing letter no. 564 dated 22.03.2021 submitted by the learned Mediator, JHALSA. Parties have agreed for peaceful separation on certain terms and payment of alimony of Rs. 10,25,000/- to the Respondent. During course of submissions today, it has been conveyed by the learned counsel for the parties that certain differences have again cropped up.

2. Be that as it may, if the parties had arrived at a settlement during mediation, let them file a joint compromise petition for disposal of the appeal in terms thereof. Such application be filed within a period of three weeks.

3. Matter be listed in the week of 23.08.2021."

However, the parties did not file a compromise petition as certain differences again cropped up between them.

Now a compromise petition vide IA No. 10490 of 2022 has been brought on record by the appellant. This application is supported by an affidavit of the appellant and it contains a copy of the order dated 25 th March 2022 passed in the divorce suit.

The aforesaid order dated 25th March 2022 records statements made by both the parties in the Court that they have settled their dispute and did not want to contest the divorce suit, in terms whereof the divorce suit has been decreed.

In view of the aforesaid, the present First Appeal has been rendered infructuous and, accordingly, First Appeal No. 374 of 2018 stands disposed of.

IA No. 10490 of 2022 also stands disposed of.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 28th November, 2022 Sharda./Nibha-NAFR