Jharkhand High Court
Shivesh Sinha vs Swati Sharan on 31 March, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No.296 of 2018
Shivesh Sinha ..... Appellant
Versus
Swati Sharan ..... 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. Kundan Kr. Ambastha, Adv
For the Respondent : Mr. Ajay Kumar Trivedi, Adv.
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14/31.03.2023 Heard learned counsel for the parties.
2. Appellant-husband being aggrieved by the dismissal of Original
Suit No.764/2017 by the impugned judgment dated 30.06.2018 and
decree dated 7th July, 2018 passed by the learned Principal Judge, Family
Court, Ranchi whereby the suit for dissolution of marriage with the
respondent was dismissed, approached this Court in the present appeal.
Earlier efforts for mediation at JHALSA during pendency of this appeal
has failed. However, when the matter was taken up for hearing on
22.03.2023, it was taken note of that since the parties were married on
08.12.2015 and have been living separately since December, 2016 i.e.
about six years without any offspring born out of the wedlock, if the
parties are able to see reason and settled the matter amicably, there could
be no better outcome to the dispute.
Having regard to the request made by the learned counsel for the
respondent matter was adjourned to 29.3.2023 so that the parties can
make up their mind on the question of amicable settlement of the dispute
and if possible appear also on the next date.
3. Parties were present on 29.03.2023. Due to the efforts made by
well-wishers, learned counsel for the parties and on persuasion by the
Court, parties were inclined to settle the matrimonial dispute amicably by
dissolution of marriage on payment of permanent alimony of Rs.62.5
lacs in three instalments plus return of the jewellery items to the
respondent-wife by the appellant. The manner of payment of the amount
of alimony in three instalments and the schedule for return of jewellery
and withdrawal/ disposal of pending cases between them were also taken
note of in the order dated 29.3.2023. The parties agreed to file a joint
petition so that the appeal can be disposed of in terms of the settlement.
The joint compromise petition has been filed by the parties today bearing
I.A. No.3146 of 2023, the terms of the settlement have been incorporated
under paragraph No.2 (b) to (h) and 3 of the joint compromise petition.
The terms of the settlement under paragraph 2B-H are incorporated
hereunder:-
2 (b) That the appellant shall pay a sum of Rs. 62.5 Lacs (Sixty
Two Lacs and Fifty Thousand Only) to the Respondent in three
installments on account of permanent alimony for seeking
divorce as full and final settlement.
(c) That the appellant shall pay first installment of
Rs.20,00,000/(Twenty Lacs Only) to the Respondent on or
before 01.05.2023 and the Second installment of
Rs.20,00,000/(Twenty Lacs Only) shall be paid by the appellant
to the Respondent on or before 01.07.2023 and the third
installment of the remaining amount of Rs. 22.5 Lacs (Twenty
Two Lacs and Fifty Thousand Only) shall be paid by the
appellant to the Respondent on or before 15.09.2023.
(d) That the appellant shall return jewellery to the Respondent on
or before 01.05.2023.
(e) That the Respondent shall withdraw Mahila P.S. Case No.06
of 2018 (G.R. Case No.444 of 2018) pending before the learned
S.D.J.M., Patna and Domestic Violence Case No. 108 of 2019
pending before the learned Chief Judicial Magistrate, Patna
which has been filed by the Respondent against the appellant and
his parents namely A.N. Sinha, Pushpa Sinha, and his sister
Anuskha Sinha and his friend Shubham Rakesh and the parties
shall withdraw any other case filed by them before any court of
law on or before 15th September 2023.
(f) That it is stated that the respondent will take proper steps
before the concerned court for withdrawal of the cases on
account of settlement arrived at between the parties on or before
1st May 2023.
(g) That both the parties shall lead their life peacefully without
having any interference from any corner.
(h) That both the parties agreed that in future no case will be
filed against each other and no further claim shall be made by
any of the parties against each other.
Learned counsel for the parties have therefore prayed that this
appeal may be disposed of in terms of settlement by decree of dissolution
of marriage between the parties.
Parties have agreed to make no further claim and live separately
and lead their own peaceful life and in future no cases will be filed
against each other and no further claim shall be made by any of the
parties against each other.
4. Learned counsel for the respondent has provided the details of
bank account of the respondent as under:-
Name of the Bank:- Axis Bank
A/C holder Name:- Swati Sharan
A/C No.910010025045308
IFSC Code:- UTIB 0001377
5. Having heard learned counsel for the parties and in view of the
joint compromise settlement filed by the parties whereunder they have
agreed to live separately upon payment of permanent alimony of Rs.62.5
lacs in three instalments and return of jewellery as also withdrawal /
disposal of pending criminal cases instituted by the respondent against
the appellant and his family members, there remains no matrimonial
dispute surviving to be adjudicated on merits. Since parties have been
suffering for long and have now been able to settle their matrimonial
dispute in an amicable manner, as such the appeal is disposed of in terms
of the settlement jointly signed by the parties and the marriage between
the parties is dissolved. Let the terms of settlement form part of the
decree. Decree accordingly.
I.A. No.3146 of 2023 is disposed of. I.A. No.10660 of 2022 is
closed.
If the terms of the settlement are not duly adhered to as per the
schedule and manners agreed between them, liberty is reserved with the
respective parties to move appropriate application before this Court.
(Aparesh Kumar Singh, J.)
(Deepak Roshan, J.)
Fahim/-
