Jharkhand High Court
Bina Singh vs Ashwini Kumar Singh on 14 October, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2025:JHHC:31711-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.34 of 2024
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Bina Singh, w/o Ashwini Kumar Singh, d/o Devendra Nath
Singh, aged about 38 years, r/o Brahmini Road, Bagun
Nagar, Old Baridih, P.O. & P.S. Sidgora, Town Jamshedpur
and District-East Singhbhum. ... ... Appellant
Versus
Ashwini Kumar Singh, s/o Late Ram Lagan Singh, aged
about 37 years, r/o C/o Kedar Tiwary, r/o H no.41, 2 nd
floor, Road no.32, Cross road no.2, Near Kesari Gas
Godown, Adityapaur-2, P.S. RIT, P.O. Adityapur, District
Seraikella-Kharsawan. ... ... 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 : Mr. Jitendra Nath Upadhyay, Advocate
For the Respondent : Mr. Prakash Kumar, Advocate
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Order No. 06/Dated 14 October, 2025
th
1. The instant appeal has been filed under Section
19(1) of the Family Courts Act, 1984 against the judgment
dated 30.01.2024, decree signed on 08.02.2024, passed in
Original Suit No.95 of 2019 by the learned Principal Judge,
Family Court, Seraikella Kharsawan whereby and
whereunder the suit filed for dissolution of marriage has
been allowed.
2. Learned counsel for the parties since had expressed
their wish to come to the settlement which has been taken
note by this Court in the order dated 10th July, 2025, as
such, the matter was referred for mediation under Special
Drive for Mediation.
3. The parties have appeared before the Mediator.
2025:JHHC:31711-DB
4. Both the parties have agreed for dissolution of
marriage on arriving to the terms and conditions as referred
in the mediation report as available in the record at Flag-X,
for ready reference the terms and conditions are being
referred herein:-
"(I) That both the parties have amicably settled their
dispute. The respondent is ready to pay a lump sum of
Rs. 13,00,000/- (Rs. Thirteen lacs) to the appellant and
the appellant agreed to receive a lump sum of
Rs.13,00,000/- (Rs. Thirteen Lac) towards one time full
and final settlement.
(II) That above amount would be paid in eleven
installments.
(III) That the first installment of Rs. 3,00,000/-(Three
Lacs) will be paid by the respondent to the petitioner,
before or at the time hearing of F.A.no.34/2024 before
this Hon'ble Court by demand draft
(IV) That the next ten installments would be paid by the
respondent on or before 15th of every month in the
account of the petitioner which would be given by the
petitioner at the time of hearing of F.A. no. 34/2024.
(V) That the appellant will withdraw the Complaint case
no.23/2020 pending in the court of the Learned Chief
Judicial Magistrate, Seraikella Kharsawan on the
payment of next four installments by the respondent to
the appellant of Rs.1 Lac (One Lac only) each in the
bank account of the appellant, that is after the payment
of Rs.7,00,000/- (Seven Lacs only) of the Rs.
13,00,000/- as agreed above. This payment will start
from the next month of the withdrawal of
F.A.no.34/2024.
(VI) That the appellant will withdraw the Original
Maintenance case no.27/2022 pending in the court of
the Learned Principal Judge, Family Court, Seraikella
Kharsawan on the payment of next six installments by
the respondent to the appellant of Rs.1 Lac (One Lac
2025:JHHC:31711-DB
only) each in the bank account of the appellant, that is
after the payment of total Rs.13,00,000/- (Rupees
Thirteen Lacs Only) as agreed above.
(VII) That both the parties will not have any claim
against each other nor will file any case in future for the
same occurrence and the petitioner will have no claim
as against the respondent."
5. Learned counsel appearing for the appellant has
submitted that the amount has not yet been paid said to be
by way of first installment, reason being that the
respondent-husband was not having the details of the
account in which the amount was to be deposited. The
details of the said account has been furnished by the
appellant-wife to the respondent-husband yesterday only.
6. Learned counsel appearing for the respondent-
husband has submitted that within a week the amount of
first installment shall be deposited in terms of the terms
and conditions as arrived at in between the parties, as
taken note in the mediation report as quoted and referred
hereinabove.
7. Learned counsel for the appellant has submitted
that the appeal may be disposed of in terms of the said
terms and conditions.
8. We have heard learned counsel for the parties and
have gone through the terms and conditions as referred in
the mediation report.
2025:JHHC:31711-DB
9. We are of the view that the parties have come to
such settlement since both the parties want to live
separately.
10. In view thereof, subject to fulfillment of the terms
and conditions arrived at in between the parties, the
judgment and decree passed by the learned Family Judge is
hereby upheld making it clear that upholding of the said
decree depends upon the compliance, in its letter and
spirit, of the terms and conditions arrived at in between the
parties as referred in the mediation report.
11. In addition thereto, the appellant-wife is given
liberty to approach this Court by making interlocutory
application in case of non-compliance of the terms and
conditions agreed in between the parties as referred in the
mediation report.
12. Accordingly, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
14th October, 2025
Birendra/
