JUDGMENT : 1. Petitioner-wife seeks transfer of Original Matrimonial Suit No.694/2018 instituted by the opposite party-husband under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 on the grounds of cruelty and desertion for dissolution of the marriage in the learned Family Court, Jamshedpur. Petitioner has prayed for transfer of the Suit to the Family Court, Bokaro, Camp Court at Tenughat. 2. Vide order dated 13th December 2019 parties were sent for mediation. Mediation has been successful as per the report being letter no.230 dated 4th February 2020 submitted by learned Mediator, JHALSA. The terms and conditions of the settlement jointly reduced in writing with the signature of the parties has also been enclosed. As per the terms of settlement, both the parties have decided to separate. Husband would pay an alimony of Rs.6.25 Lakhs in three installments in favour of the wife in her account no.34503079841 at S.B.I., Jaridih Bazar. The installments would be paid in the following manner :- (i) 1st installment of Rs.2 Lakhs payable by 11th February 2020 has already been paid; (ii) 2nd installment of Rs.2 Lakhs is payable by 16th March 2020; (iii) 3rd installment of Rs.2.25 Lakhs is payable by 15th May 2020. On receipt of the entire alimony the pending cases between the parties would be withdrawn namely Bermo (Gandhinagar) P.S. Case No.12/2008 under Sections 498A and 494 of the I.P.C. pending before the court of learned Judicial Magistrate, 1st Class, Tenughat and Misc. Maintenance Case No.26/2010 pending before the court of Principal Judge, Family Court, Bokaro, Camp at Tenughat. Both are being prosecuted by the petitioner-wife against the opposite party-husband. On the performance of reciprocal acts by both the parties as above, they would be free to live their independent lives. Both have arrived at the settlement without any pressure from any side during course of mediation. 3. The amicable resolution of their matrimonial dispute during pendency of the Suit and this transfer petition may eventually lead to dissolution of marriage, if both the parties abide by the terms of settlement and honour their respective promises by the time indicated therein. The Suit however cannot be disposed of in the present proceeding.
3. The amicable resolution of their matrimonial dispute during pendency of the Suit and this transfer petition may eventually lead to dissolution of marriage, if both the parties abide by the terms of settlement and honour their respective promises by the time indicated therein. The Suit however cannot be disposed of in the present proceeding. It is therefore in the fitness of things that both the parties should approach the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur with proper application in terms of the Hindu Marriage Act, 1955 for dissolution of their marriage incorporating the terms of their settlement. Needless to say, on such application being moved, the learned Family Court would consider it in accordance with law taking into account the performance of reciprocal promises and abidance of the terms and conditions of the settlement. The instant petition is accordingly disposed of. 4. Let a copy of this order be sent to the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur. Learned counsel for the petitioner has apprehension that in case the terms are not adhered to by the husband, then she may have to approach this Court again for transfer of the Original Matrimonial Suit No.694/2018. In that eventuality, permission is granted to revive the instant petition.