Jharkhand High Court
Ankita Kumari vs Aman Kumar on 16 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 35 of 2021
Ankita Kumari --- --- Appellant
Versus
Aman Kumar --- --- Respondent
.......
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Appellant : Mr. Md. Zaid Imam, Advocate
For the Respondent : Mr. Vikas Kumar, Advocate
08/16.01.2023 Mediation is successful as per the report of the learned Mediator,
JHALSA bearing letter no. 75A dated 06.01.2023. Settlement jointly
signed by the parties in the presence of the learned Mediator, JHALSA is
enclosed with the report, as per which, parties have agreed to separate on
payment of Rs.9,00,000/- as one time settlement/ alimony to be paid in
two installment. The terms of settlement are extracted herein below:
1. "Both the parties have agreed to settle the dispute between them
and the Respondent, Aman Kumar agreed to pay an amount of
Rs.10,35,000/- but since the appellant has already received
Rs.1,35,000/- by way of interim maintenance, the final one time
settlement amount which will be paid by the Respondent, Aman
Kumar to the appellant, Kumari Ankita shall be Rs.9,00,000/-
(Rupees Nine Lakhs Only) (Rs.10,35,000-Rs.1,35,000/-).
2. The Respondent shall pay an amount of Rs.4,50,000/- (Rupees Four
Lakhs Fifty Thousand Only) to the Appellant, Kumari Ankita on the
next date when F.A. No. 35/2021 will be listed before the Hon'ble
Court by way of demand draft drawn in favour of Kumari Ankita.
3. The Respondent shall further pay Rs.4,50,000/- to the appellant
Kumari Ankita on the date when she withdraws the maintenance
case filed by her which is pending before the learned Family Court,
Jamshedpur by way of demand draft drawn in favour of Kumari
Ankita.
4. That it is undertaken by both the parties that they will comply with
the conditions as agreed in the mediation report and the Appellant
will not demand any money after receiving full and final amount of
Rs.9,00,000/- (Rupees Nine Lakhs Only) ( one time settlement) and
that both parties will have no concern with each other and that both
parties will not get into any kind of litigation further.
5. That the present mediation has been successfully concluded
between the parties without any fear, coercion has been done in
good faith without any compulsion or force.
2. The first installment of Rs.4,50,000/- has been paid in the
presence of the Court in favour of the appellant through Demand Draft
bearing no.687561 drawn on State Bank of India, Jamshedpur. The
second installment of Rs.4,50,000/- is to be paid to the appellant on the
date when she withdraws the maintenance case filed before the learned
Family Court, Jamshedpur. The next date fixed in the maintenance case
is 27.01.2023.
3. Learned counsel for the respondent submits that on the said date
the balance amount of Rs.4,50,000/- would be paid to the appellant on
withdrawal of the maintenance case. Learned counsel for the parties
submit that the appeal may be disposed of in the light of the settlement
arrived at between the parties.
4. The instant appeal was preferred by the appellant wife against the
judgment dated 06.03.2021 and decree dated 15.03.2021 passed in
Original Suit No. 248 of 2017 by the court of learned Principal Judge,
Family Court, Jamshedpur whereby the suit instituted by the respondent
husband for dissolution of marriage under Section 13(1)(ia) of the Hindu
Marriage Act, has been allowed in his favour. However, during pendency
of this appeal parties have arrived at an amicable settlement and agreed
to separate on mutual terms including payment of alimony of
Rs.9,00,000/- out of which Rs.4,50,000/- has been paid through demand
draft today to the appellant wife and rest is to be paid on withdrawal of
the maintenance case before the learned Family Court, Jamshedpur.
5. Having regard to the aforesaid facts and the development that
have taken place during pendency of the appeal, there is no purpose in
keeping the appeal pending for adjudication on merits. Accordingly, the
appeal is disposed of in terms of the settlement. Let the settlement form
part of the decree.
(Aparesh Kumar Singh, A.C.J.)
(Deepak Roshan, J.)
A.Mohanty
