Shekhar Singh vs Usha Singh
2022 Latest Caselaw 4796 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Civil Appellate Jurisdiction)
               First Appeal No. 145 of 2019
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Shekhar Singh, s/o Dineshwar Prasad Singh, present and permanent r/o 212, Yuvraj Apartment, Near B.Ed. College, Hurlung, PO & PS-Birsanagar, Jamshedpur, District-East Singhbhum. ... Appellant

Versus

Usha Singh, w/o Shekhar Singh, d/o Shankar Prasad, presently residing at Indra Road, H. No. 55, Gramin Bank, PO & PS- Parsudih, Jamshedpur, District-East Singhbhum.

... Respondent

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant : Mr. Rohit Agarwal, Advocate For the Respondent : Mr. Jitendra Nath Upadhyay, Advocate

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Order No. 11/Dated: 30th November 2022

Challenging the judgment dated 2nd March 2019 and decree dated 15th March 2019 in Original Suit No. 88 of 2017 passed by the learned Principal Judge, Family Court, East Singhbhum, Jamshedpur the appellant has filed the present First Appeal - the suit was dismissed on contest.

2. An interlocutory application vide I.A No. 10564 of 2022 has been filed by the appellant seeking permission for withdrawal of the present First Appeal in terms of joint compromise petition filed on behalf of the appellant and the respondent.

3. The relevant paragraphs of the interlocutory application read as under:

"(4) That during the pendency of the aforesaid appeal with the intervention of the family friends and common well-wishers the parties had amicably settled their disputes outside the court. (5) That in view of the aforesaid fact the appellant may be permitted to withdraw the aforesaid memo of appeal so as to enable the parties to file a joint petition under section 13B of the Hindu Marriage Act 1955 seeking decree of divorce by mutual consent."

4. Mr. Rohit Agarwal, the learned counsel for the appellant and Mr. Jitendra Nath Upadhyay, the learned counsel for the respondent make a statement on instructions from their clients

that the parties sincerely intend to abide by the terms of agreement dated 18th October 2022.

5. I.A No. 10564 of 2022 is allowed.

6. Accordingly, First Appeal No. 145 of 2019 is disposed of in terms of the aforesaid compromise.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Amit/