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2013 DIGILAW 765 (JHR)

Sharad Chandra Gupta v. State of Jharkhand

2013-06-28

H.C.MISHRA

body2013
ORDER By the Court.-Heard learned counsel for the petitioner, learned A.P.P. for the State as also learned counsel for the opposite party No. 2. 2. This case arises out of a matrimonial dispute between the parties. 3. It was pointed by learned counsels for both the sides that talk of compromise is going on between the parties. In that view of the matter, the case was adjourned from time to time in order to facilitate the parties to arrive at an amicable compromise. 4. Today one I.A. No. 4159 of 2013 has been filed by opposite party No. 2, who is the wife of the petitioner, stating that after several rounds talks between the parties, it was decided that all the matrimonial disputes between the parties shall be settled on the basis of compromise between them on the condition that the petitioner shall pay Rs. 9,00,000/- (rupees nine lakhs) to the opposite party No. 2 for herself and two minor children living with her. Out of Rs. 9,00,000/- Rs. 6,00,000/- shall be for the minor children, whereas Rs. 3,00,000/- shall be for opposite party No. 2, and both of them shall withdraw all the cases filed by them against each other. It has also been agreed between the parties that the petitioner and opposite party No. 2 shall file a joint application for divorce with mutual consent, before the Family Court, Ranchi. 5. A supplementary affidavit has also been filed on behalf of the petitioner, in which also more or less the same conditions are mentioned. 6. Both the parties are present in the Court in person. 7. It appears that there is difference between the parties as regards the mode of payment of the money. Opposite party No. 2 wants to get the entire amount of Rs. 9,00,000/- from the petitioner before withdrawing the cases against the petitioner and settling the dispute, and she undertakes to withdraw the cases and also to join the petitioner for filing the application for divorce with mutual consent, once she gets the entire amount of Rs. 9,00,000/-. 8. On the contrary, the stand of the petitioner is that the demand drafts for Rs. 9,00,000/-. 8. On the contrary, the stand of the petitioner is that the demand drafts for Rs. 9,00,000/- should be kept in custody of the Registrar General of this Court and once the cases are withdrawn and the divorce with mutual consent is obtained, the opposite party No. 2 should be allowed to withdraw the demand drafts from the Registrar General. 9. In the backdrop of these facts and with the intervention of the Court, both the parties have agreed in the Court today that the petitioner shall withdraw the case filed by him under Section 9 of the Hindu Marriage Act, against his wife and shall deposit three demand drafts of rupees three lakhs each, which shall be kept in custody of the Registrar General of this Court. Once the demand drafts were deposited, the opposite party No. 2 shall withdraw all the cases filed by her against the petitioner and/or his family members, and upon producing the certified copies of the orders withdrawing the cases, she shall be entitled to get two demand drafts of Rs. 3,00,000/- each, of the minor children. The opposite party No. 2 shall also join the petitioner in filing the application for divorce with mutual consent before the Family Court, Ranchi, and the Family Court shall be requested to dispose of the same in accordance with law without any undue delay. Once the application filed under Section 13-B of the Hindu Marriage Act is allowed by the Family Court, the opposite party No. 2 shall be entitled to withdraw the rest demand draft of Rs. 3,00,000/- from the Registrar General of this Court. 10. In view of the aforementioned agreement between the parties, the petitioner is given the liberty to withdraw the case filed by him under Section 9 of the Hindu Marriage Act, against his wife and to deposit three demand drafts of rupees three lakhs each in the names of Anita Kumar Jaiswal, Uddita Gupta, the minor daughter and Umang Gupta, the minor son, as prayed by him on 25.7.2013, in this Court along with the certified copy of the order showing the withdrawal of the said case filed by him. 11. As prayed for, put up this case on 25.7.2013 for compliance by the petitioner and for further necessary orders. Ordered accordingly.