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2020 DIGILAW 281 (JHR)

Saibal Roy v. Sujata Roy

2020-02-11

APARESH KUMAR SINGH, KAILASH PRASAD DEO

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JUDGMENT : 1. Heard learned counsel for the parties. 2. Parties are also present today as stated by their learned counsel. 3. Interlocutory Application No. 674 of 2020 under Order XXIII Rule 3, read with Section 151 C.P.C incorporating the terms of the compromise has been jointly filed by both the parties for decree of the suit. After hearing learned counsel for the parties, the terms of settlement were incorporated in the order dated 23rd January, 2020, which reads as under: “Heard learned counsel for the parties. Learned counsels representing the appellant and the respondent both submit that parties are present in Court and they have arrived at an amicable settlement during mediation. Learned Mediator, JHALSA has also submitted a report at Flag-X bearing letter no.2943 dated 10.12.2019 to that effect and terms and conditions for mutual divorce jointly signed by them have also been enclosed to the report. Learned counsel for the appellant submits that parties have arrived at a settlement without any coercion, fear or undue influence and have decided to separate under certain terms and conditions. A joint application is also being filed and taken on record which incorporates the terms and conditions of the settlement. Terms of the settlement are as under :- “1. The Second party consents for grant of divorce in favour of the First party for nullifying the marriage solemnized between them on 2.6.2013. 2. The first party will pay a sum of Rs.8.50 lakhs towards permanent alimony / compensation, etc. to the Second party. The second party will not claim any amount from the first party whatsoever in relation to the compensation, alimony, maintenance, marriage expenses, or any other loss etc. The said amount of Rs.8.50 Lakhs is inclusive of all past, present and future claims of the second party upon the first party. The said amount of Rs.8.50 Lakhs will be paid by way of Demand Draft(s). The First party will prepare the Demand Draft(s) in the name of “SUJATA SEN”. The amount of Rs.8.50 lakhs will be paid in two or three installments, viz. The said amount of Rs.8.50 Lakhs will be paid by way of Demand Draft(s). The First party will prepare the Demand Draft(s) in the name of “SUJATA SEN”. The amount of Rs.8.50 lakhs will be paid in two or three installments, viz. (i) DD of Rs.4.25 Lakh at the time of filing of joint compromise petition in the Hon’ble High Court on the first date; (ii) DD of Rs.2 Lakhs on the second date; (iii) DD of Rs.2.25 Lakhs on the date of grant of Divorce, If divorce is granted on the second date itself the aforesaid two DDs of Rs. 2 Lakhs and DD of Rs.2.25 Lakhs will be given together. The First party has assured that it will keep ready the entire amount for payment within one month. 3. The first party will return (i) One Almirah, (ii) One Bed (iii) One Dressing table and (iv) Copper Utensils of the Second party lying at his place on “As is where is” basis after filing compromise petition and send the same through train parcel from Dhanbad to Murarai. The Second party will receive and carry the aforesaid goods from the said Murarai station. 4. The parties have agreed that there are no issues out of the wedlock. 5. The parties have agreed that after entering this settlement, neither the second party nor anyone claiming through or under her will levy any claim upon the first party, his family, property in any manner with respect to the marriage, alimony, amount, etc. 6. Except for the above payment, no other payments will ever be demanded by the Second party from the first party / his property. 7. Except for the above stated cases, the parties have agreed that there are no other cases. The parties have agreed that if there are any other case, the same will be withdrawn by the concerned party without leveling of any allegation / claim. 8. The parties have undertaken that they will not file any case against each other / family members whatsoever nor will make any allegations/leveling any claim against other. 9. All differences and disputes between the first party and second party stands resolved and in future the parties will not file any claim whatsoever against each other. 8. The parties have undertaken that they will not file any case against each other / family members whatsoever nor will make any allegations/leveling any claim against other. 9. All differences and disputes between the first party and second party stands resolved and in future the parties will not file any claim whatsoever against each other. The parties have compromised the matter with free consent and have undertaken to abide with the terms and conditions as stipulated above and the same will be binding upon the parties.” Learned counsel for the appellant submits that demand draft bearing no.936370 dated 10.01.2020 in the name of the respondent for a sum of Rs.4.25 Lakhs is being handed over to the respondent in presence of the Court to which the respondent acknowledges. The 2nd and 3rd instalments of Rs.2 Lakhs and Rs.2.25 Lakhs would be paid within two weeks. The appellant would also return the articles indicated at para-3 of the settlement in the manner indicated therein within the same period. It is submitted that the matter may be posted immediately after two weeks, so that the Suit can be decreed in terms of the settlement and the marriage between the parties may be dissolved. Learned counsel for the respondent, on the instruction of the respondent who is present in the Court, also submits that amicable settlement has been reached during mediation at JHALSA. Payment of Rs.4.25 Lakhs through demand draft is also being acknowledged. Photo copy containing receipt of the demand draft by the respondent as identified by learned counsel for the respondent is taken on record. Learned counsel for the respondent submits that upon payment of balance amount and return of the articles as assured by the appellant within a period of two weeks, the appeal may be decreed in terms of the compromise. The respondent would also withdraw the maintenance case pending in the learned family court and after payment of the entire permanent alimony of Rs.8.50 Lakh, the order of monthly maintenance shall cease to operate. Having regard to the aforesaid development and the performance of the reciprocal acts on the part of the parties in due course, it appears that this matrimonial dispute is going to come to a happy ending. Accordingly, let the case appear on 11th February 2020.” 4. Having regard to the aforesaid development and the performance of the reciprocal acts on the part of the parties in due course, it appears that this matrimonial dispute is going to come to a happy ending. Accordingly, let the case appear on 11th February 2020.” 4. Learned counsel for the appellant and the respondent on specific instructions of their clients submit that all reciprocal promises under the settlement have been performed. Payments have been made by the appellant apart from return of the articles. On the part of the respondent, it is stated that Miscellaneous case under Section 125 of Cr.P.C for maintenance has been withdrawn. Matrimonial dispute has come to happy ending in the sense that the parties have agreed to separate from each other in an amicable manner and without any coercion or undue influence from any side. There are no future claim subsisting against each other as agreed under the terms of settlement. In those circumstances, we do not find any reason to adjudicate this appeal on merits preferred by the appellant being aggrieved by dismissal of the Title Matrimonial Suit No 374 of 2014 seeking divorce. Parties have agreed to dissolve their marriage on the basis of settlement arrived at between them during mediation. As such, marriage between the parties is dissolved. Terms of the settlement shall form part of the decree. 5. The instant appeal is allowed in terms of the settlement. Decreed accordingly. I. A. 674 of 2020 stands disposed of. Appeal allowed