Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 2110 (JHR)

Sahana Roy v. Bhaskar Mitra

2018-09-24

RONGON MUKHOPADHYAY

body2018
JUDGMENT : 1. The petitioner and the opposite party are physically present in terms of the order dated 10.05.2018. 2. The opposite party has today submitted before this Court two demand drafts bearing nos. 293678 and 293679 each amounting to Rs. 5,00,000/- (Rupees Five Lakhs only) as agreed upon by him on 10.05.2018. 3. Mr. R.N. Sahay, learned senior counsel for the opposite party at this juncture has stated that the opposite party requires spinal surgery and therefore the amount be reduced. 4. On such submission an option was given to the opposite party that either he may enter into a compromise and adhere to the terms and conditions agreed upon as reflected in the order dated 10.05.2018 or he may undergo his treatment and the talks of compromise may be postponed till he recovers from his impending spinal operation. However, the opposite party vehemently submits that he wants the cases to come to a conclusion expeditiously since the pendency of the cases is troubling him mentally and therefore he submits that he is ready to abide by the order of this Court dated 10.05.2018 and further directions be passed with respect to the proposed application to be filed under Section 13(B) of the Hindu Marriage Act. 5. In view of the submission advanced by the opposite party and in presence of the petitioner as well as her counsel it is agreed upon that an application under Section 13(B) of the Hindu Marriage Act shall be filed before the learned Principal Judge, Family Court, Dhanbad on 26.09.2018. The opposite party is directed that on 26.09.2018 he shall also handover the two drafts as noted above before the learned Principal Judge, Family Court, Dhanbad. The learned Principal Judge, Family Court, Dhanbad is directed that on submission of the drafts he shall handover a draft amounting to Rs. 5,00,000/-(Rupees Five Lakhs only) bearing no. 293678 to the petitioner (Sahana Roy). If the application under Section 13(B) of the Hindu Marriage Act is filed on 26.09.2018 the learned Principal Judge, Family Court, Dhanbad shall expedite the said case and shall dispose it of within a period of one week from the date of filing the suit under Section13(B) of the Hindu Marriage Act if, the petitioner and the opposite party cooperates in the proceedings. Learned Principal Judge, Family Court, Dhanbad is directed that on the date when the judgment is passed under Section 13(B) of the Hindu Marriage Act the balance amount of Rs. 5,00,000/-(Rupees Five Lakhs only) as contained in demand draft bearing no. 293679 shall be handed over immediately to the petitioner (Sahana Roy). 6. Since during the hearing of this present case and upon the dialogues being initiated between both the parties to arrive at a settlement it appears the marriage between the petitioner and the opposite party seems to have broken down irretrievably and there is no possibility of any reconciliation which has led this Court to specify the directions as noted above. Once the marriage between the petitioner and the opposite party is dissolved by the orders of the competent court as indicated above necessary application be filed by either of the parties bringing the said fact on record so that this case may also be disposed of. 7. While dictating this order it has been pointed out by the learned counsel for the respective parties about the existence of Cr.M.P. No. 2915 of 2016 which has been filed by the petitioner herein against an order of acquittal passed in favour of the opposite party herein. It has been agreed upon by the petitioner herein (Sahana Roy) that every endeavour shall be made to withdraw Cr.M.P. No. 2915 of 2016 as the same also forms part of the settlement agreed upon between the parties. 8. So far as the present case is concerned it has been agreed upon by the petitioner herein (Sahana Roy) that if the suit for dissolution of marriage is decreed and entire amount of Rs.10,00,000/-(Rupees Ten Lakhs Only) is received by her she shall not proceed further in M.P. Case No. 213 of 2013 and the proceedings in the said case shall also merge with the settlement entered into between the parties. 9. Learned counsels for the respective parties are directed that immediate and effective steps be taken by them in order to file the suit under Section 13(B) of the Hindu Marriage Act before the learned Principal Judge, Family Court, Dhanbad. 10. 9. Learned counsels for the respective parties are directed that immediate and effective steps be taken by them in order to file the suit under Section 13(B) of the Hindu Marriage Act before the learned Principal Judge, Family Court, Dhanbad. 10. The petitioner (Sahana Roy) has assured this Court that she shall cooperate with the opposite party at the time of filing of the suit under Section 13(B) of the Hindu Marriage Act and shall also present herself as and when the date is fixed within the time stipulated in the earlier part of the order and shall fully cooperate so that the impending suit comes to a logical conclusion. 11. Let a copy of this order be handed over to the learned counsels for the respective parties in order to ensure that the terms and conditions agreed upon are strictly followed. 12. The petitioner and the opposite party shall remain physically present before the learned Principal Judge, Family Court, Dhanbad on 26.09.2018 at 11:30 A.M., with their respective counsels. 13. The drafts which had been handed to this Court is being returned back to the opposite party (Bhaskar Mitra) for their submission before the learned Principal Judge, Family Court, Dhanbad on 26.09.2018. 14. Let this case be listed after 10 days under the heading “For Orders”. 15. Let a photo copy of the demand draft produced by the opposite party be kept on the record.