Jharkhand High Court
Smt. Priya Sharma vs Sanjeev Kumar Sharma on 5 April, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No.319 of 2017
Smt. Priya Sharma ..... Appellant
Versus
Sanjeev Kumar Sharma ..... Respondent
---------
CORAM : HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE DEEPAK ROSHAN
---------
For the Appellant : Mr. Kshitish Chandra Mahato, Adv
For the Respondent : Mr. Mukesh Kr. Dubey, Adv.
---------
23/05.04.2023 Heard learned counsel for the parties.
2. Both the parties are present pursuant to the order dated 27th
March, 2023.
3. Appellant-wife has preferred the appeal being aggrieved by the
impugned judgment dated 9th June, 2017 and decree dated 22nd June,
2017 passed by learned Additional Principal Judge, Additional Family
Court, East Singhbhum, Jamshedpur in Matrimonial Suit No. 287 of
2014 whereby the marriage between the parties has been dissolved on
grounds of cruelty and desertion under section 13 (1) (ia) and (ib) of the
Hindu Marriage Act, 1955. During pendency of this appeal parties had
engaged in mediation exercise earlier which did not prove to be
successful. However, an arrangement for the educational needs and the
future education of their children i.e. two sons and one daughter and their
day to day needs were made on the undertaking of the respondent-
husband as recorded in the order dated 21.02.2022 which reads as under;
"In terms of the previous orders including order dated
06.01.2022, two affidavits have been filed by the Respondent. Material
part of the affidavits containing his undertaking to bear the expenses of
three children born out of the wedlock with the appellant, are being
reproduced herein below:
"3. That I state that Miss Komal Sharma is my daughter and she
is studying in class 10th standard in Esteem Public School,
Jamshedpur. She appeared in Term 1 examination held on
25.11.2021 and onwards. The complete fee for the class 10th has
been paid by me. I further state that I will make arrangement to
study her in Jamshedpur till the graduation. After graduation if
she is interested in preparing for competitive exam I will bear the
expenses towards her study.
4. That I state that Master Sourav Sharma is studying in Class VII
in Norman's Convent School, Jamshedpur. The fee is paid till
date. The said school is upto 10th standard. He will continue upto
10th standard in the said school. After completion of his 10th, he
will study further upto graduation. After graduation if he is
interested in preparing for competitive exam I will bear the
expenses towards his study.
5. That I state and submit that Master Yash Sharma is studying in
6th Standard in Norman's Convent School, Jamshedpur. The fee is
paid till date. The said school is upto 10th standard. He will
continue upto 10th standard in the said school. After completion
of his 10th, he will study further upto graduation. After
graduation if he is interested in preparing for competitive exam I
will bear the expenses towards his study."
Respondent has also enclosed ITR for the last three Financial
Years 2019-20, 2020-21 and 2021-22. He has also enclosed statement of
his bank account with IDBI Bank (Annexure-7).
2. It seems that the above undertaking would ensure that the
Educational needs of the three children born out of the wedlock between
the parties are safeguarded. Since the appeal has already been admitted
for hearing on 25.06.2018, let the case appear under the heading for
hearing, as per its age.
Presence of Respondent is dispensed with.
Though the parties were referred for mediation at JHALSA once
again thereafter but it failed. However, when the case was taken up for
hearing on the previous date learned counsel for the appellant conveyed
on instruction that the appellant is willing to settle the matter amicably.
As such both the parties were directed to appear in person today. Today,
both the parties have expressed their willingness to settle the matter
amicably with the efforts of the learned counsel for the parties and on
persuasion of this Court. Both the parties have agreed to live separately
on mutual terms and conditions as the marriage has already been
dissolved by the impugned judgment dated 9 th June, 2017 and decree
dated 22nd June, 2017 passed by learned Additional Principal Judge,
Additional Family Court, East Singhbhum. Both the parties have filed
affidavit enclosing the settlement arrived between them and jointly
signed. The terms of the settlement are incorporated hereunder:-
1. That the respondent is the present matter Sanjeev Kumar Sharma
is agreed to relinquish his right of his own share in favour of Smt.
Priya Sharma in the duplex house situated at Holding No.- 47,
Dayal City, Chhota Gobindpur, P.O.- Gadhra, P.S.- Parsudih, Town
Jamshedpur. The said relinquishment is subject to claim of his four
sisters if any arise in future and sisters have right to get her share as
per law.
2. The Sanjeev Kumar Sharma agreed to continue with the
undertaking given in Hon'ble High Court that he will look after his
two sons and one daughter which includes day to day expenses and
all future educational expenses.
3. The Sanjeev Kumar Sharma also agreed to pay Rs. 6.5 Lacs as
permanent alimony to Smt. Priya Sharma in four instalment and
first instalment would be paid within three months and last
instalment would be paid before 31st March 2024.
4. That the terms of Settlement has been read over by both Smt.
Priya Sharma and Sanjeev Kumar Sharma and satisfied with the
Settlement as arrived and on satisfaction without any duress signed
the same on today 05.04.2023 in the Hon'ble High Court premises
at Ranchi.
4. Learned counsel for the parties submit that the appeal may be
disposed of in terms of the settlement as parties are not inclined to
engage in any further litigation. Both are living separately while
appellant is living with three minor children two sons and one daughter;
two of whom are studying in school and the girl is studying in a college.
Respondent has remarried and a son has been born out of the wedlock.
There are no other pending cases between them. Both the parties also
undertake not to indulge in filing any cases in future and /or disturbing
their peaceful life.
5. We have conferred with the parties also and they agreed to abide
by the terms of the settlement. The total amount of permanent alimony of
Rs. 6.5 lacs is to be paid in four instalments;
(a) The first instalment of Rs. 1.5 lacs is to be paid on or before 30th
June, 2023.
(b) The second installment of Rs.1.5 lacs is to be paid on or before 30th
September 2023.
(c) The third instalment of Rs. 1.5 lacs is to be paid on or before 31 st
December, 2023 and
(d) The fourth installment of Rs. 2 lacs is to be paid on or before 31st
March, 2024.
The respondent shall make the payments on the following
account number of the appellant either through RTGS or by deposit of
Demand Draft.
Name of the Bank:- State Bank of India
Branch:- Chhota Govindpur, Jamshedpur
A/C holder Name:- Mrs. Priya Sharma
A/C No.:- 38174241221
CIF Code:- 90239111176
6. Having regard to the aforesaid facts and circumstances and that
the parties have settled their dispute amicably and that no lis survives to
be adjudicated between the parties, the appeal is disposed of in terms of
the settlement. Let the settlement form part of the decree. Decree
accordingly.
7. Let the LCR be sent back to the court concerned.
(Aparesh Kumar Singh, J.)
(Deepak Roshan, J.)
Fahim/Amardeep/
