Jharkhand High Court
Umesh Poddar vs Anita Kumari on 18 October, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 26 of 2022
Umesh Poddar. ..... Appellant
Versus
Anita Kumari ..... 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, Adv.
For the Respondent : Mr. Sidharth Sudhanshu, Adv.
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06/18.10.2022 Reference may be made to the order dated 8th September, 2022
which reads as under:
"Mediation has been successful before JHALSA. The
report of learned Mediator bearing Letter No. 2024 dated
29.07.2022 incorporate the terms of settlement which are quoted
hereunder:
"(i) The first instalment of Rs. 2,00,000/- would be paid by the
petitioner to the opposite party no. 2 at the time of withdrawing
of Maintenance Case (O.M.C case no. 65/2022) from the court
of the Learned Principal Judge, Family Court, Bokaro.
(ii) The second instalment of Rs. 2,00,000/- would be paid by
the petitioner to the opposite party no. 2 at the time of filing of
divorce under Section 13(B) of the Hindu Marriage Act in the
Learned Family Court, Bokaro.
(iii) The third instalment of Rs. 2,00,000/- would be paid by the
petitioner to the opposite party no. 2 at the time of withdrawing
of F.A 26/2022 from the Hon'ble High Court of Jharkhand
(iv) The fourth instalment of Rs. 2,00,000/- would be paid by
the petitioner to the opposite party no. 2 at the time of granting
of divorce under Section 13(B) of the Hindu Marriage Act in
the Learned Family Court, Bokaro.
The settlement jointly signed by the parties on 27th July,
2022 in the presence of learned Mediator is also enclosed to the
report. As per the terms of settlement, respondent has to withdraw
the Miscellaneous Case pending before learned Principal Judge,
Family Court, Bokaro, on which date the appellant would pay the
first instalment of Rs. 2,00,000/-. The second instalment of Rs.
2,00,000/- is to be paid at the time of filing of application for
dissolution of marriage under Section 13(B) of Hindu Marriage
Act, 1955 before learned Family Court, Bokaro.
Learned counsel for the parties submit that since no date
for withdrawal of the Maintenance Case has been indicated in the
terms of settlement, this Court may direct the parties to appear on
any suitable date.
As prayed for by learned counsel for the parties, let the
parties appear before learned Family Court, Bokaro on 23rd
September, 2022 towards compliance of the first term of their
settlement i.e., withdrawal of Maintenance Case (O.M.C case no.
65/2022) by the respondent and payment of Rs. 2,00,000/-
towards first instalment to her by the appellant.
Let the order be communicated to learned Family Court,
Bokaro forthwith through FAX to prepone or postpone the
running date as per the order passed herein, so that first step in
furtherance of the settlement between the parties can be taken.
Parties are expected to abide by the other terms of the settlement
by filing application for dissolution of marriage through mutual
consent before learned Family Court, Bokaro thereafter. In case,
parties are ready and willing to file application for dissolution of
marriage under Section 13(B) of the Hindu Marriage Act, 1955
on the same date, it can be done subject to payment of second
instalment of Rs. 2,00,000/- by the appellant to the respondent on
the same date.
Let the matter be listed on 18th October, 2022 when the
third instalment is to be paid by the appellant at the time of
withdrawal of this appeal."
2. Learned counsel for the appellant submits that the first
installment of Rs. 2,00,000/- has already been paid on withdrawal of the
OMC Case No. 65 of 2022. The Suit for dissolution of marriage under
Section 13(B) of the Hindu Marriage Act, 1955 has been instituted
before the learned Family Court, Bokaro in Original Suit No. 597 of
2022 filed on 29.09.2022.
3. Learned counsel for the appellant further submits that the 2nd
instalment of Rs. 2,00,000/- which was to be paid at the time of
institution of the suit under Section 13(B) of the Hindu Marriage Act
could not be paid. However the draft of Rs. 2,00,000/- is being handed
over today to learned counsel for the respondent-wife. Learned counsel
for the respondent-wife accepts the same.
4. Learned counsel for the appellant submits that the instant appeal
may be allowed to be withdrawn as now the parties are before the
learned Family Court, Bokaro for dissolution of marriage through mutual
consent as per the terms of their settlement.
5. We have considered the submissions of learned counsel for the
parties and taken note of the developments that have taken place during
pendency of this appeal. The instant appeal was filed by the appellant-
husband being aggrieved by the dismissal of Original Suit No. 408 of
2017 by learned Family Court, Bokaro vide impugned judgment dated
20.01.2022 and decree dated 27.01.2022.
6. Since the parties have entered into an amicable settlement of the
dispute through mediation at JHALSA during pendency of this appeal,
no purpose is going to be served by adjudication on merits. Therefore, in
view of the settlement arrived at between the parties and the submission
of the learned counsel for the parties, the instant appeal is disposed of in
terms of the settlement.
(Aparesh Kumar Singh, J.)
(Deepak Roshan, J.)
Fahim/Amardeep/
