Anju Kumari @ Anju Devi vs Nitya Nand Kumar
2023 Latest Caselaw 1294 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       First Appeal No. 42 of 2022
      Anju Kumari @ Anju Devi                      --- --- Appellant
                                   Versus
      Nitya Nand Kumar                             --- --- Respondent
                                         .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant : Mr. Subodh Kumar Dubey, Advocate For the Respondent : Mr. Kripa Shankar Nanda, Advocate

07/23.03.2023 Mediation has been successful, as per the report of the learned Mediator, JHALSA bearing no. 587 A dated 15.02.2023. The settlement arrived at between the parties jointly signed by them in the presence of the learned Mediator, JHALSA dated 07.02.2023 is also enclosed with the report.

The marriage between the parties was dissolved by the learned Principal Judge, Family Court, Gumla by the judgment dated 05.12.2020 and decree dated 18.12.2020 on the ground of legal insanity. Parties have agreed to live separately on payment of permanent alimony of Rs.6.00 Lakhs in lump sum to the appellant.

Learned counsel for the parties submit that both the parties are present in the Court. The two demand drafts, one bearing no. 047331 dated 14.03.2020 drawn on Bank of India for an amount of Rs.4,60,000/- and other bearing no. 443417 dated 16.03.2023 drawn on Indian Overseas Bank for an amount of Rs.1,40,000/-, both in favour of the appellant are being handed over by learned counsel for the respondent to the learned counsel for the appellant in presence of the Court. With regard to Cr.M.P. No. 2683 of 2021 challenging the order of cognizance under Section 498A I.P.C passed in a case lodged at the instance of the appellant, parties have also submitted their joint compromise petition in terms of the settlement. The case is likely to be disposed of in the near future on the basis of the settlement. Learned counsel for the parties therefore pray that appeal may be disposed of in terms of the settlement.

Having regard to the aforesaid facts and circumstances, since the parties have already settled their matter and have decided to live

separately on payment of permanent alimony of Rs.6.00 Lakhs to the appellant, no lis survives for adjudication.

The appeal is disposed of in terms of the settlement. Decree accordingly.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty