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2016 DIGILAW 917 (JHR)

Sabita Singh v. Arvind Mohan Singh

2016-06-13

D.N.PATEL, RATNAKER BHENGRA

body2016
ORDER : 1. This First Appeal has been preferred against the judgment and order delivered by the learned Principal District Judge-cum-Family Judge, Seraikella-Kharsawan in Matrimonial (Divorce) Suit No. 18/2010, whereby, the application preferred by the respondent for divorce was allowed vide order dated 05.05.2012. Against this decree of divorce, the original respondent has preferred this first appeal. 2. This is again in one more case we have come across in the State of Jharkhand where in 24 districts there are 25 methods of narration of divorce applications. We have referred one matter to be placed before Hon'ble the Chief Justice for correct nomenclature. In several cases, divorce applications are referred as "Matrimonial Title Suit" in some cases, they are referred as "Title (Matrimonial) Suit." In this case, same type of application in the district of Seraikella-Kharsawan is referred as "Matrimonial (Divorce) Suit." 3. Thus, it is high time for the judiciary in the State of Jharkhand to adopt a common nomenclature for divorce application so that data is to be feeded in computer of High Court as per Pune version in common nomenclature, which is highly desirable. 4. We, therefore, direct the Registrar General of this Court to place this matter before the Hon'ble Chief Justice of this Court so that appropriate decision may be taken by Hon'ble the Chief Justice on administrative side for a common nomenclature for all the districts so far as divorce applications are concerned. It appears that these nomenclatures are given by the different district courts differently. The culture of the different districts may be maintained but there is nothing like culture for giving the nomenclature differently in different districts. Therefore, it can be changed. 5. During course of previous hearing of this First Appeal, this matter was referred by the Division Bench of this Court vide order dated 11th April, 2016 for mediation. Prima facie, this Court was of the opinion that dispute between the parties to this First Appeal may be resolved through mediation. The Advocates and the parties to this litigation were very cooperative and ultimately, matter was referred for mediation and amicable settlement was arrived at on 29th April, 2016 during the course of mediation. The report of mediation has also been received, in this Court, which is dated 30th April, 2016. The Advocates and the parties to this litigation were very cooperative and ultimately, matter was referred for mediation and amicable settlement was arrived at on 29th April, 2016 during the course of mediation. The report of mediation has also been received, in this Court, which is dated 30th April, 2016. The terms and conditions referred to in the outcome of the mediation process read as under:- “(1) That the appellant Smt. Sabita Singh admitted the divorce decree passed on date 5.5.12 in MTS (divorce) Suit No. 18/2010 and the decree signed on 10.05.12. (2) That the respondents Arvind Mohan Singh by way of one time settlement agreed to pay Rs. 10,00,000/- (Rs. Ten lakhs only) towards the permanent alimony, maintenance and compensation to Smt. Sabita Singh , the appellant by way of bank draft payable in her name for herself and for her child Master Tanuj. (3) That after the full and final payment of the agreed amount of Rs. Ten lakhs by the respondent to the appellant of this first appeal No. 190 of 2014, there relationship of husband and wife shall cease and after the divorce, both are at liberty to lead their own lives according to their own wishes. (4) That the appellant Smt. Sabita Singh agreed that she will not proceed in the F.A. No. 190 of 2014 filed by her against the respondent and will abide by the judgment and decree passed in M.T.S. 18/2010 by the Principal District Judge-cum-Family Judge, Seraikella- Kharsawan. (5) That after the full and final payment of the agreed amount there will be no further claims or counter claims against each other in future after this settlement. (6) That the appellant and the respondent shall have no any claims whatsoever in future with regard to the movable or immovable property of each other. (7) Both settled their disputes at their sweet-will and without any undue influence. Under the circumstances, the disputes of the parties have been settled. Thus the Conciliation/Mediation is successful.” 6. Both the parties to this First Appeal are present in Court along with their Advocates. They are accepting the aforesaid terms and conditions. 7. A Demand Draft of Rs. 10,00,000/- (Rupees Ten Lakhs) dated 16.05.2016 of ICICI Bank, Branch Bistupur, Jamshedpur, is tendered by the respondent to this appellant, which is accepted by the appellant, acknowledgement whereof is given by the appellant to the respondent. 8. They are accepting the aforesaid terms and conditions. 7. A Demand Draft of Rs. 10,00,000/- (Rupees Ten Lakhs) dated 16.05.2016 of ICICI Bank, Branch Bistupur, Jamshedpur, is tendered by the respondent to this appellant, which is accepted by the appellant, acknowledgement whereof is given by the appellant to the respondent. 8. Counsel for the respondent submitted that there is one scooter in the name and style of "Activa" which is in possession of this appellant but in the registration book, the name of Rajiv Mohan Singh, who is brother of respondent, is being reflected. This "Activa" is to be retained by this appellant. Respondent has no objection for change of name in the registration book also for which necessary papers will be signed by the brother of the respondent and by the appellant. The necessary papers are presented by the respondent to the counsel for the appellant which will be signed by the appellant. The transfer papers of the "Activa" is signed by the appellant and also signed by the brother of the respondent so that in the registration book the name of the appellant Smt. Sabita Singh be registered. The aforesaid scooter bearing registration No. JH-05-3209 will be now in the name of the appellant. Necessary fees of the transfer will be paid by the respondent. 9. Both the parties have agreed for divorce decree to be passed by this Court. We, therefore, modify the judgment and order passed by the learned Principal District Judge-cum-Family Judge, Seraikella-Kharsawan in Matrimonial (Divorce) Suit No. 18/2010 dated 05.05.2012 to the effect that the divorce is granted to both the parties to the First Appeal on the aforesaid terms, which are mentioned in the mediation report and which are incorporated hereinabove. On these conditions, divorce is granted between the parties to this First Appeal. We also direct the Trial Court to modify the decree by incorporating all these conditions in the decree of divorce. 10. This First Appeal is partly allowed by modifying the decree passed by the Trial Court. Appeal partly allowed.