Allowed

Jagannath Prasad Gupta v. Rupa Devi

Jharkhand HC11 Sept 2017FA/23/2016

Case brief

AI extract

What is this about?

The High Court allowed an appeal dismissing a divorce petition where the parties, during pendency of the appeal, reached an amicable settlement through mediation to dissolve their marriage. The court declared the marriage dissolved and ordered alimony payment via demand drafts as per the settlement terms.

What did the court decide?

The marriage was declared dissolved; the appellant is directed to pay permanent alimony of Rs. 5 lakhs in five installments via demand drafts to be disbursed by the Family Court.

Jagannath Prasad Gupta Vs Rupa Devi — Maintenance and Alimony | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 23 of 2016

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Jagannath Prasad Gupta ….........Appellant

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Vrs.

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Rupa Devi ….......... Respondent

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CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON’BLE MR. JUSTICE B. B. MANGALMURTI

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For the Appellant : Mr. S.P.Roy For the Respondent : Mr. Anjani Kumar

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12/11.09.2017 Heard learned counsel for the parties.

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Petitioner in Original Suit No. 7 of 2006 i.e. the Husband, Appellant herein is aggrieved by the dismissal of the matrimonial suit instituted under Section 13(1)(iii) of the Hindu Marriage Act, 1955 by the impugned judgment dated 17.12.2015 and decree dated 7.1.2016 passed by the Principal District Judge cum Principal Judge, Family Court , Chaibasa, West Singhbhum.

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Parties volunteered to go for amicable settlement of the dispute through mediation during pendency of the appeal. The mediation has proved to be successful as per the report at Flag-A being letter no. 2259 dated 18.8.2017 of the learned Mediator. The report also encloses the undertaking of the parties signed by them in presence of learned Mediator.

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As per the terms of the undertaking, parties have amicably decided to dissolve their marriage on their own free will. The Appellant Husband shall pay permanent alimony of Rs.5 lakhs in 5 installments of Rs.1 lakh each payable on 30.9.2017, 31.10.2017,30.11.2017, 27.12.2017 and on 31.1.2018. Both parties have agreed to withdraw any case pending in different Courts at different places by making joint or separate application before the respective Courts after payment. Parties have in the light of the terms, prayed that appropriate order as may be deemed fit and appropriate in the eye of law be passed. Undertaking has been signed by the parties in the presence of their witnesses and learned Mediator,JHALSA Mr. Ram Pravesh Singh on 17.8.2017.

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Learned counsel for the Appellant submits that there was only one case apart from the present appeal filed by the Appellant being Cr.M.P. No. 573 of 2008 seeking quashing of the order taking cognizance under Section 498A/34 of the I.P.C and Section 3/4 of the Dowry Prohibition Act in a case instituted by the Respondent Wife. The instant Cr.M.P had been dismissed vide order dated 22.1.2016 passed by this Court.

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-2-

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Learned counsel for the Respondent Wife submits that only apprehension in the mind of the Respondent is in relation to timely payment of installments by the Appellant. Learned counsel for the Appellant assures that Appellant who was seeking divorce in the original suit has no reason not to honour the undertaking and make timely payments of the installments as agreed upon.

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In those circumstances, learned counsel for the parties submit that the instant first appeal may be disposed of in terms of the compromise and marriage may be dissolved.

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We have considered the submission of the parties. We have also taken note of the amicable settlement arrived at between them through mediation where under they have decided to dissolve the marriage. We do not find any reason to enter into adjudication of the dispute on merits in such circumstances.

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Accordingly, we deem it fit to declare that the marriage between the parties stands dissolved as per the terms and conditions incorporated in the undertaking arrived at between them. In order to ensure certainty in the mode of payment, as agreed also by learned counsel for the parties, installments are to be paid by way of demand draft in favour of the Respondent Wife on or before the date fixed, before the learned Principal Judge, Family Court, Chaibasa. On such payments being made, learned Principal Judge, Family Court, Chaibasa would disburse the draft in favour of the Respondent Wife upon due identification immediately thereafter, on such application being made. The terms of the undertaking be made part of the decree.

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The appeal stands allowed. Decree accordingly. Let the Lower Court Records be returned to the Court below forthwith.

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(Aparesh Kumar Singh, J.)

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(B.B.Mangalmurti, J.)

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A.Mohanty

Jagannath Prasad Gupta v. Rupa Devi

Case brief

What is this about?

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Jagannath Prasad Gupta v. Rupa Devi

Case brief

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