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2022 DIGILAW 223 (TRI)

Brajabala Murasing (Jamatia) v. State of Tripura

2022-05-06

S.TALAPATRA

body2022
JUDGMENT 1. Heard Mr. P. K. Ghosh, learned counsel appearing for the petitioners as well as Ms. S. Deb, learned counsel appearing for the respondents No.1 & 2 and also heard Mr. S. Pal, learned counsel appearing for the respondent No.3. 2. The petitioner and the respondent No.3 filed an application before this court being IA 01 of 2022 arising from WP(C)No.607 of 2021 for placing the conditions of settlement between the petitioner and the respondent No.3 and it has been prayed therein 'to consider the above facts and consider the petition for joint compromise'. The said agreement which has been termed as the 'joint compromise' is authenticated by a notary public on 17.03.2022. 3. Mr. Pal, learned counsel appearing for the respondent No.3 has acceded that such compromise agreement has been signed by the respondent No.3 on 17.03.2022. On reading of the said agreement it appears that so many alien disputes have been settled which are not before this court. The settlement which is relevant for the case in hand emerges from this agreement is that the respondent No.3 will have no objection if her name is deleted from the survival certificate as the survivor of Chandra Mohan Jamatia, since deceased. The said survival certificate is available at Annexure-2 to the writ petition. The name of the respondent No.3 appears at serial No.4 of the said survival certificate under No.SURC/2019/05661 dated 29.08.2019 issued by the Sub-Divisional Magistrate, Udaipur Gomati District. 4. In this writ petition the following reliefs have been prayed: (i) To declare the incorporation of the name of the respondent No.3 as wife is illegal and liable to be set aside; (ii) To direct the respondents No.1 & 2 to correct the name of the respondent No.1 in the said survival certificate as Smt. Brajabala Murasingh (Jamatia) in lieu of Smt. Brajabala Jamatia (Murasingh). 5. Mr. Pal, learned counsel has unambiguously submitted before this court that if those reliefs are granted in favour of the petitioner, the respondent No.3 will have no objection. The compromise agreement as filed will be part of the record and as such no elaborate order is required to be passed. But it should be shown as disposed of. 6. This court has taken cognizance of the relevant settlement for purpose of disposal of this writ petition. The compromise agreement as filed will be part of the record and as such no elaborate order is required to be passed. But it should be shown as disposed of. 6. This court has taken cognizance of the relevant settlement for purpose of disposal of this writ petition. Accordingly, the respondents no.1 & 2 are directed to delete the name of the respondent No.3 who was admittedly married by Chandra Mohan Jamatia, during subsistence of the first marriage from the Serial No.4 of the said survival certificate dated 29.08.2019 [Annexure-2 to the writ petition] and also to correct the name of the petitioner as Smt. Brajabala Murasingh (Jamatia) from Smt. Brajabala Jamatia (Murasingh). Thereafter, a fresh survival certificate shall be issued by the respondent No.2 within 2(two) months from today. A copy of this order be supplied to Ms. Deb, learned counsel for transmission to the respondent No.2. In terms thereof, this petition stands disposed of.