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2019 DIGILAW 467 (JHR)

Ajit Agarwal v. State Of Jharkhand

2019-02-14

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Shree Chandrashekhar, J. - Order dated 23.01.2019 reads as under: "Mr. V.S. Prasad, the learned counsel for the petitioners states that in terms of the compromise both the parties are required to return the ornaments/presents to each other given to them at the time of marriage. However, though the petitioner no.1 has returned the ornaments/presents to O.P. No.2, she has not reciprocated by returning the ornaments/presents to the petitioner no.1. This is seriously disputed by Mrs. Ritu Kumar, the learned counsel for the O.P. No.2. Another stand taken by the O.P. No.2 is that the petitioner no.1 has not taken any step for filing a petition under section 13-B of the Hindu Marriage Act, 1955. Mrs. Ritu Kumar, the learned counsel for the O.P. No.2 submits that the ornaments/presents given to the O.P. No.2 was worth Rs. 8-10 lacs. The facts brought on record disclose that the petitioner no.1 has not filed the petition under section 13-B of the Hindu Marriage Act, 1955 as agreed between the parties. If the parties do not settle their dispute amongst themselves, the matter shall be heard on merits. On the request of the learned counsel for the petitioners for granting one more opportunity, post the matter on 14.02.2019." 2. At this stage, it needs to be recorded that by an order dated 07.08.2018 further proceeding in Complaint Case No.1195 of 2016 has been stayed by a co-ordinate Bench of this Court primarily on a statement made on behalf of the petitioners that in terms of compromise Rs. 11 lacs is to be paid to Opposite-Party No.2. 3. No final settlement has been brought on record. 4. Mr. V. S. Prasad, the learned counsel for the petitioners seeks four weeks'' time for preparing himself for arguing the case on merits. 5. Post the matter on 14.03.2019. 6. In view of the adjournment sought on behalf of the petitioners, the interim order dated 07.08.2018 stands vacated. 7. The trial court shall proceed in the matter, in accordance with law. 8. Let a copy of this order be communicated to the trial court through FAX.