Vishwa Prakash vs Nibha
2023 Latest Caselaw 843 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Appeal No.182 of 2016
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Vishwa Prakash son of Late Shambhu Sharan Srivastava, resident of Mohalla- Panchsheel Nagar, P.O. Digha, P.S. Danapur, District- Patna

... ... Appellant/s Versus Nibha daughter of Late Shaligram Prasad, at present residing at C/o Dr. Hemant Kumar, Mohalla- Nandni Path, West Patel Nagar, P.S. Shastri Nagar, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Abhimanyu Vatsa, Advocate Mr. Vaibhava Veen Shanker, Advocate Mr. Prakash Chandra Jha, Advocate For the Respondent/s : Mr. Manoj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 20-02-2023 Heard Mr. Abhimanyu Vatsa, learned Advocate for

the appellant/husband and Mr. Manoj Kumar Jha for the

respondent/wife.

Pursuant to the order of this Court dated

16.01.2023, a Draft of Rs. 13 lakhs, payable in the name

of Nibha Kumari/respondent has been brought by the

appellant/husband/Vishwa Prakash.

As noted in the order dated 16.01.2023, the

spouses had taken a resolve that they shall amicably settle

the dispute and part ways happily. The quantum of Patna High Court MA No.182 of 2016 dt.20-02-2023

compensation/matrimonial dues was also fixed and the

parties do not have any rancour against each other

henceforth.

Be it noted that the application for divorce by the

appellant/husband was dismissed by the Family Court,

Patna, against which the present Miscellaneous Appeal has

been filed.

We are very happy to record the manner in which

both the spouses have conducted themselves and have

shown the willingness to settle the dispute for a better

future for both of them.

We also record our appreciation for the learned

Advocates appearing for the parties, who have tried their

best to have the issues settled between the spouses.

The Demand Draft No. 770552 of Rs. 13 lakhs

drawn on State Bank of India in the name of the

respondent is being handed over to the respondent/Nibha

Kumari, which she has accepted and has made

endorsement in the records of having received the same.

Patna High Court MA No.182 of 2016 dt.20-02-2023

This shall be towards all the matrimonial dues of the

respondent and she shall not demand any money in future

under any count from the appellant/husband. The

appellant/husband shall also not cross ways with the

respondent unnecessarily. It is expected that both of them

shall lead an independent happy life hereinafter.

On the basis of the afore-noted agreement

between the parties, we deem it appropriate to set aside

the order passed by the Family Court dismissing the

application for divorce and we declare and direct the

spouses to be divorced from today.

This would be taken as decree of the competent

court.

The records are consigned.

(Ashutosh Kumar, J)

(Harish Kumar, J) krishna/-

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Uploading Date          21.02.2023
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