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2018 DIGILAW 309 (JHR)

Rekha Devi v. Bikram Chouhan

2018-02-05

APARESH KUMAR SINGH, RATNAKER BHENGRA

body2018
JUDGMENT 1. Heard learned counsel for the appellant and the Respondent. 2. The appellant / wife being aggrieved by the decree of divorce rendered by the Learned Principal Judge, Family Court, Bokaro in Title (Matrimonial) Suit No. 184/2012, judgment and decree dated 21.09.2014, preferred the instant appeal. 3. During the pendency of the appeal, both parties participated in the mediation exercise pursuant to our order dated 28.11.2017, which has proved successful. The mediation report at Flag-''A'' from the Secretary, DLSA, Dhanbad bearing letter no. 03 dated 08.01.2018 also reports about the successful mediation. This was taken note of in our order dated 15.01.2018. The matter was adjourned for the parties to file a joint compromise petition and be present on the next date. 4. The appellant has filed a supplementary affidavit incorporating the terms of settlement arrived at during mediation duly signed by both the parties. Parties have agreed to a Decree of Divorce through mutual consent under section 13B of Hindu Marriage Act, 1955, subject to payment of permanent alimony of Rs. 5,00,101/-. Alimony is to be paid in the following manner. i. Rs. 2,00,101/- to be paid on 20.03.2018 ii. Rs. 1,00,000/- to be paid on 25.05.2018 iii. Rs. 2,00,000/- to be paid on 25.09.2018 All payments are to be made by way of demand draft or in cash. Though parties had proposed to file divorce petition with mutual consent after making payment of Rs. 2,00,101/- on 20.03.2018 before the Learned Court of Family Judge, Dhanbad, but in view of the fact that the appellant aggrieved by the Decree of dissolution of marriage by the court below, is satisfied with the terms of settlement, counsel for the appellant submits that the appeal can be disposed of today itself, upholding the Decree of Dissolution of Marriage but modifying it as per the terms of settlement. According to the learned counsel for the parties, there is no necessity for seeking a decree of divorce through mutual consent in the aforesaid circumstances. 5. We have taken note of the submissions of the counsel for the parties and the terms of settlement also arrived at between them. The appellant has also agreed to withdraw the Complaint case No. 1207/2013 pending before the Learned Judicial Magistrate, 1st class, Dhanbad after receipt of payment of second instalment of Rs. 1,00,000/-. 5. We have taken note of the submissions of the counsel for the parties and the terms of settlement also arrived at between them. The appellant has also agreed to withdraw the Complaint case No. 1207/2013 pending before the Learned Judicial Magistrate, 1st class, Dhanbad after receipt of payment of second instalment of Rs. 1,00,000/-. It therefore appears that the parties are at ad idem on these terms to separate amicably. Therefore, no useful purpose is likely to be served by keeping the instant appeal pending. The impugned judgment and decree for dissolution of marriage is accordingly modified by incorporating the terms of settlement relating to payment of permanent alimony in three instalments by the Respondent / husband to the appellant / wife and also terms relating to withdrawal of the complaint case on the part of the appellant on receipt of payment of Rs. 1,00,000/- by 25,05.2018. The impugned judgment and decree is modified to the aforesaid extent. Appeal stands disposed of in terms of the settlement, as referred to hereinabove. Decree accordingly. 6. Let Lower Court Records, if requisitioned, be returned to the learned court below.