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2020 DIGILAW 793 (JHR)

Puja Kumari @ Pratima Kumari v. Gajendra Kumar

2020-08-24

ANUBHA RAWAT CHOUDHARY, APARESH KUMAR SINGH

body2020
JUDGMENT : Learned counsel Mr. Arvind Kumar Choudhary for the appellant wife and Mr. Ram Chandra Prasad Sah for the respondent husband are present through Video Conferencing. 2. Appellant has preferred this appeal being aggrieved by the judgment dated 07.08.2019 and decree dated 19.08.2019 of divorce passed in O.S. No. 05 of 2018 by the court of learned Principal Judge, Family Court, Seraikella-Kharsawan. During pendency of this appeal parties were referred for mediation at JHALSA to make efforts for amicable settlement of the matrimonial dispute. Mediation has been successful as per the report at Flag-X bearing letter no. 891 dated 20.07.2020 submitted by learned Mediator, JHALSA. It also encloses the settlement containing the terms and conditions of their compromise. 3. Learned counsel for the parties submit that out of the agreed amount of Rs.5,25,000/-being permanent alimony, respondent husband has paid Rs. 2,50,000/-by way of demand draft dated 07.07.2020 in favour of the appellant wife on 18.07.2020. The remaining installment of Rs.2,75,000/-by way of Demand draft no. 509995 dated 07.07.2020 drawn in favour of appellant Pratima Kumari was agreed to be paid before this Court when the matter is taken up. Thereafter the demand draft was to be transmitted to the Court of learned Judicial Magistrate 1st Classs, Seraikella Kharsawan in connection with Adityapur P.S. Case No. 153 of 2009 (G.R. Case No. 495 of 2009) instituted under Sections 323/341 and 498A of the I.P.C by the appellant wife, wherein both the parties would file compromise petition for acquittal of the first party. Appellant undertakes to withdraw the present appeal from this Court. Learned counsel for the parties however submit that instead of making the payment of the balance amount of Rs. 2,75,000/-through demand draft today before this Court and thereafter being transmitted to the learned court of Judicial Magistrate 1st Class, Seraikella Kharsawan, this Court may direct both the parties to appear on a particular date before the said Court for filing the compromise petition and deposit of the demand draft, so that both the incidences are simultaneous. Meanwhile, learned counsel for the respondent would also make a request before the learned Single Bench where Criminal Revision No. 1598 of 2018 is pending with consent of learned counsel for the wife, opposite party therein for disposal / allowing of the criminal revision petition in the light of the compromise arrived at between the parties. 4. Meanwhile, learned counsel for the respondent would also make a request before the learned Single Bench where Criminal Revision No. 1598 of 2018 is pending with consent of learned counsel for the wife, opposite party therein for disposal / allowing of the criminal revision petition in the light of the compromise arrived at between the parties. 4. We have considered the submission of learned counsel for the parties in the light of this new positive development that has taken place during the mediation proceedings. Parties have amicably settled their matrimonial dispute and have decided to separate once and for all. Either of the parties have agreed to either withdraw their cases from the concerned courts or to get them disposed of/ allowed in the light of the compromise. We, therefore, do not find any purpose in adjudicating this appeal on merits. The instant appeal is being disposed of in the light of the compromise arrived at between the parties. The terms and conditions of the terms of compromise are as follows: 1. “That previously in a Mutual Agreement signed on 14/07/2015 by both the party before the Notory Publice, Seraikella on 14/07/2015, one time alimony of Rs.7,50,000/- (Rupees Seven Lac fifty thousand only) was paid to second party. Demand Draft of Rs.7,00,000/- (Rupees Seven Lac only) bearing Bank Draft No. 237747, dated 14/07/2015 of I.C.I.C.I Bank Jamshedpur and Rs.50,000/-(Rupees Fifty thousand only) of A/C payee cheque No.031652 of I.C.I.C.I Bank, Jamshedpur. Both total amount of Rs.7,50,000/- (Rupees Seven lac fifty thousand only) was received by second party. 2. That now in F.A. No. 276/2019 filed by second party as per direction of Hon’ble High Court mediation between the parties were held before JHALSA, Ranchi on 22/06/2020,25/06/2020 and 27/06/2020 in present of Mr. Girish Malhotra, Mediator through Video Conferencing. 3. That now before JHALSA, Ranchi next date for mediation was to be held on 18/07/2020 and with consent of both the parties followings terms and condition was settled on 18/07/2020 with free consent and undue pressure. (a). First party again agreed to pay further full and final amount of Rs. Girish Malhotra, Mediator through Video Conferencing. 3. That now before JHALSA, Ranchi next date for mediation was to be held on 18/07/2020 and with consent of both the parties followings terms and condition was settled on 18/07/2020 with free consent and undue pressure. (a). First party again agreed to pay further full and final amount of Rs. 5,25,000/- (Rupees Five Lac twenty five thousand only) by way of demand draft as alimony out of which first party proposed to pay Rs.2,50,000/- (Rupees Two lac fifty thousand only) by way of demand draft No.509996 dated 07/07/2020 of I.C.I.C.I Bank, Jamshedpur in favour of PRATIMA KUMARI on 18/07/2020 of which second party agreed to receive the said amount and rest amount of Rs.2,75,000/- (Rupees Two Lac Seventy five thousand only) by way of demand draft no.509995, dated 07/07/2020 of I.C.I.C.I Bank, Jamshedpur in favour of PRATIMA KUMARI shall be deposited by first party in Jharkhand High Court and Jharkhand High Court, Ranchi shall keep the said demand draft in its record or may send the same in the Court of Sri Sushil Kumar Pingua, the learned Judicial Magistrate 1st Class, Seraikella-Kharsawan in Adityapur P.S. Case No. 153/2009 (G.R. Case No. 495/2009) Under Section 323/341 and 498A of I.P.C., 04/08/2020 is the next date fixed in the case. There after the second party shall along with first party with compromise petition will take steps regarding acquittal of first party in the case as she does not want to contest the case due to amicable settlement arrived at between both the parties in JHALSA, Ranchi on 18/07/2020. (b). Second party shall withdraw F.A. No. 276/2019 pending in Hon’ble Jharkhand High Court, Ranchi. (c). The second party who has appeared on 02/03/2019 before Hon’ble Jharkhand High Court, Ranchi in Cr. Rev. No. 1598/2018 shall file affidavit along with I.A. stating therein that the second party has got no objection in allowing the Cr. Rev. No. 1598 /2018. (d). Apart from the above if the second party have filed any other cases against first party in any court of law in India which is either not known to the first party or known to the first party, steps for withdrawal of the cases shall be taken by the second party. (e). Rev. No. 1598 /2018. (d). Apart from the above if the second party have filed any other cases against first party in any court of law in India which is either not known to the first party or known to the first party, steps for withdrawal of the cases shall be taken by the second party. (e). That it was also agreed that after fulfillment of the above condition a to d, the second party can withdraw the said demand draft of Rs.2,75,000/- (Rupees Two Lac Seventy five thousand only). (f). Both parties shall not file any case in any of the court of law in India in future with relation to marriage dispute/ marriage affair due to mediation held at JHALSA, Ranchi on 18/07/2020. (g). Both parties shall act as per terms and conditions settled in this agreement. (h). That if the second party does not act as per above condition the first party is entitled to take back the demand draft of Rs.2,50,000/-(Two Lac Fifty Thousand rupees only) and 2,75,000/- (Rupees Two Lac Seventy five thousand only) deposited as per agreement.” 5. As requested by the learned counsel for the parties, let both the parties appear before the learned court of Judicial Magistrate 1st Class, Seraikella Kharsawan in connection with Adityapur P.S. Case No. 153 of 2009 (G.R. No. 495 of 2009) on 09.09.2020. Learned counsel for the appellant has prayed that since the appellant would be coming from Patna specifically for this purpose to appear before the learned Judicial Magistrate, necessary direction may be issued to the learned Court to take up the matter on the same date. It goes without saying that in case the parties appear on 09.09.2020 before the learned Judicial Magistrate 1st Class, Seraikella-Kharsawan for the aforesaid purpose, learned Court would endeavour to take up the matter on the same date, may be through virtual Court if physical appearance is not permitted due to the pandemic. However the compromise petition and/or any other petition connected with the case be filed at least 48 hours before 09-09-2020 6. Needless to say, parties would abide by the terms of the compromise and take necessary steps before the concerned court of learned Judicial Magistrate 1st Class, Seraikella-Kharsawan for disposal of the criminal case instituted by the appellant wife against her husband respondent herein. Needless to say, parties would abide by the terms of the compromise and take necessary steps before the concerned court of learned Judicial Magistrate 1st Class, Seraikella-Kharsawan for disposal of the criminal case instituted by the appellant wife against her husband respondent herein. Learned counsel for the respondent has undertaken to mention Criminal Revision No. 1598 of 2018 with consent of learned counsel for the opposite party wife before the learned Single Bench where it is pending for its disposal as per the terms of compromise within a period of two weeks. The instant appeal is therefore, disposed of in terms of the compromise with slight modification indicated herein above, with consent of both the parties. 7. Decree accordingly. Let the settlement be part of the decree.