Disposed

Barnali Chakraborty v. Tapas Chakraborty

Jharkhand HC9 Oct 2017FA/173/2016

Case brief

AI extract

What is this about?

The High Court disposed of an matrimonial appeal filed by the wife against a judgment and decree by the Family Court. The Court held that since the marriage was dissolved and an amicable settlement regarding permanent alimony and other articles was reached through mediation, the appeal stands disposed of in terms of the settlement agreement.

What did the court decide?

The appeal is disposed of as per the terms and conditions of the settlement agreement dated 22nd September 2017.

Barnali Chakraborty Vs Tapas Chakraborty — Maintenance and Alimony | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 173 of 2016

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Barnali Chakraborty --- ---- Appellant Versus Tapas Chakraborty ------ Respondent

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CORAM:The Hon’ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice B.B. Mangalmurti

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For the Appellant : Mr. Sanjay Kr. Pandey, Adv. For the Respondent : Ms. Puja Kumari, Adv. ----

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09/09.10.2017 Heard counsel for the parties.

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The appellant is the wife aggrieved by the judgment dated 16^th August 2016 and decree dated 31^st August 2016 passed in Matrimonial Suit No.231 of 2013 by the learned Principal Judge, Family Court, East Singhbhum, Jamshedpur.

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The parties were referred for mediation earlier by order dated 22^nd March 2017. Mediation has been successful as per the report at Flag-R bearing letter no. 2641 dated 22^nd September 2017 of the learned Mediator, JHALSA. The terms and conditions of settlement have been incorporated by way of an agreement signed by both the parties on 22^nd September 2017 in the presence of the learned Mediator which is enclosed as part of the mediation report.

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Learned counsel for the parties submit that the appeal can be disposed of in the light of the settlement arrived at between the parties. Learned counsel for the parties submit that the first instalment of Rs.1 lakh out of the total amount of permanent alimony of Rs.3 lakhs has been paid by way of a cheque on 22^nd September 2017 bearing no.321426 drawn on IDBI Bank, Bistupur Branch. The second and 3^rd instalments will be paid in December 2017 and April 2018 in the account of 2^nd party-wife. The respondent-wife has also accepted the payment of the amount of Rs.1 lakh through the instant cheque and acknowledged the receipt of items as mentioned in para-1(iii) to her full and final settlement. As per the terms and conditions of the agreement the respondent-wife is required to take steps for withdrawal/quashing of the criminal case being Sonari P.S. Case No.06/2014, G.R. No.35/2014 before the learned court below or before this Court before payment of the 3^rd instalment. She would also inform the learned court below of the instant compromise after payment of the first instalment and before receiving of the 2^nd instalment showing inclination for not proceeding in the case against first party and the relatives who are accused in the said case.

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-2-

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We, therefore, are of the view that since the marriage stands already dissolved and the parties have arrived at amicable settlement on the question of permanent alimony and other valuable articles, the instant appeal deserves to be disposed of in terms of the settlement agreement. Accordingly, the present appeal stands disposed of as per the terms and conditions of the settlement agreement dated 22^nd September 2017 enclosed to the mediation report. Decree accordingly. The terms and conditions of the settlement agreement shall form part of the decree.

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( Aparesh Kumar Singh, J.)

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(B.B. Mangalmurti, J.)

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Shamim/

Barnali Chakraborty v. Tapas Chakraborty

Case brief

What is this about?

What did the court decide?

Barnali Chakraborty v. Tapas Chakraborty

Case brief

What is this about?

What did the court decide?

What the court decided

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