Jharkhand High Court
Arpita Agarwal vs Vikash Kumar Agrawal S/O Radheshyam ... on 27 November, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2025:JHHC:35457-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.185 of 2023
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Arpita Agarwal, Aged about 32 Years, D/o Krishna Kumar Agrawal, R/o
Shivpuri, P.S.- Sadar, P.O.+District-Hazaribagh .......... Appellant
Versus
Vikash Kumar Agrawal S/o Radheshyam Prasad Agarwal R/o House
No.-A-173, 3rd Floor, Gulab Bagh, Near Metro Pillar No.-753, P.O. +
P.S- Uttam Nagar, New Delhi-110059
Office At A1-Anwar Carmic Tiles Co., Employee No.692, Senior
Engineer Maintenance, PO+PS-Saog, Postal Code-611, Country-Oman
New Address-Vikash Kumar Agrawal S/o Radheshyam Pd.
Aggarwal,R/o 198-A, Mathuria Golapar, PO +PS-Laheri, Bihar Sharif,
District-Nalanda (Bihar) ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Ms. Kavita Kumari, Advocate
For the Respondent : Mr. Ashok Kumar Singh, Advocate
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th
Order No.09/Dated: 27 November, 2025
Per, Sujit Narayan Prasad, J.
1. The instant appeal under section 19(1) of the Family Courts Act,
1984 is directed against the judgment dated 03.07.2023 passed in
Original Suit No.89 of 2022 by the learned Principal Judge, Family
Court, Hazaribagh whereby and whereunder the petition filed under
section 13(1)(ia) (ib) of the Hindu Marriage Act, 1955 by the appellant-
wife against the respondent-husband has been dismissed on contest.
2. The matter was referred for mediation by this Court vide order dated
19.09.2025.
3. Both the parties have appeared before the learned Mediator and the
mediation has become successful, a report to that effect is appended to
the record as Flag "M".
4. From perusal of the mediation report, it appears that both the parties
after due deliberation has come to an amicable settlement on the
following terms and conditions:
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(I) That both the parties have amicably settled their dispute. The
respondent, Vikash Kumar is ready to pay a lump sum of Rs.
15,00,000/- (Rs. Fifteen lacs only) to the appellant Arpita Agarwal and
the appellant agreed to receive a lump sum of Rs.
15,00,000/- (Rs. Fifteen lacs only) towards one time full and final
settlement in five instalments in the following manners:-
(a) 1st instalment of Rs. 3,00,000/- (Rs. Three lacs only) will be
paid by the respondent Vikash Kumar to the appellant Arpita Agarwal
through ELECTRONIC MODE in her Savings Bank Account No.-
5044761222 of AXIS BANK, IFSC UTIB0005140 positively by 30th
October, 2025.
(b) 2nd instalment of Rs. 3,00,000/- (Rs. Three lacs only) will be
paid by the respondent Vikash Kumar to the appellant Arpita Agarwal
through Bank Draft on the date of filing of the mutual consent
Divorce Petition. Both the parties agreed to file Mutual Consent
Divorce Petition on or before 30th November, 2025.
(c) 3rd Instalment of Rs. 3,00,000/- (Rs. Three lacs only) will be
paid by the respondent Vikash Kumar in the name of appellant Arpita
Agarwal through Bank Draft and the Bank Draft will be deposited
before the Court of learned Principal Judge, Family Court,
Hazaribagh in connection with Maintenance Case No.-245 of 2023 on
or before 16th January, 2026. Appellant Arpita Agarwal agreed to
withdraw this Maintenance Case No.- 245 of 2023 and will not seek
further maintenance for her adopted child Arvika Agarwal.
(d) 4th instalment of Rs. 3,00,000/- (Rs. Three lacs only) will be
paid by the respondent Vikash Kumar to the appellant Arpita Agarwal
through Bank Draft on the date of filing of affidavit in connection
with withdrawal of Hazaribagh Mahila P.S. Case No.- 18/2021
corresponding to G.R. Case No. 2483/2023 against all the accused
persons, namely, (1) Vikash Kumar (2) Bidhya Devi (3) Radhe Shyam
Prasad Agrawal (4) Priya Kumari and (5) Ajit Kumar Agrawal
pending in the court of Judicial Magistrate, 1st Class, Hazaribagh
and this exercise has to be completed on or before 20th February,
2026. Appellant Arpita Agarwal in the meantime will not take any
step for coercive action against the accused persons of this case.
(e) 5th and last instalment of Rs. 3,00,000/- (Rs. Three lacs only)
will be paid by the respondent Vikash Kumar to the appellant Arpita
Agarwal through Bank Draft on the date of decree of divorce on
mutual consent.
5. Mr. Vikash Kumar, respondent, agreed to hand over the original
adoption certificate and original birth certificate of Arvika Agrawal to
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the appellant Arpita Agarwal on the date of decree of divorce
on mutual consent.
6. Mr. Vikash Kumar shall have visiting right to the adopted daughter,
namely, Arvika Agarwal. Mr. Vikash Kumar can visit Bangalore to meet
Arvika Agarwal on last Sunday of every month between 10.00 A.M. to
12.00 Noon in Electronic City Phase-I Police Station in the presence of
SHO or Incharge thereof and the prior information in this regard will be
communicated to appellant Arpita Agarwal in three days advance on
Mobile No. 8860877430/9899778749 and at the same time appellant
Arpita Agarwal agreed to inform Mr. Vikash Kumar, respondent, on his
Mobile No.9354533921 in advance in case of change of her address on
the last Sunday of every month. Both the parties will not change their
respective mobile numbers. The SHO or Incharge of Electronic City
Phase-1 Police Station will take care of visiting rights. There will be no
interference and other third parties during visiting rights.
7. That both the parties declare that this full and final settlement is
entered into by their free will, and both parties shall abide by the terms
and conditions of this agreement.
8. That both the parties further agreed to cooperate with each other and
do all the acts required to give effect to the terms and conditions of this
"Agreement of Settlement".
5. The learned counsel appearing for the appellant has submitted that in
pursuance to the terms and conditions as agreed in between the parties
the first installment of Rs.3 lakhs have been paid to the appellant-wife
and the rest amount will be paid, as agreed, as per the terms and
conditions of the settlement arrived at between the parties referred
hereinabove.
6. Reference of handing over of the certificates as referred in paragraph
no.5 and the visiting right of the adopted daughter, namely, Arvika
Agrawal as referred in paragraph no.6 of the settlement will be adhered
to by the parties.
7. Both the parties have also agreed for filing mutual consent divorce
petition after payment of second installment of Rs.3 lakhs on or before
30.11.2025.
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8. In view of the aforesaid amicable settlement arrived at between the
parties, the instant appeal stands disposed of.
9. Pending I.As, if any, stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Dated: 27/11/2025
Sudhir
NAFR
