Disposed

Sarita Devi v. Rishikesh

Jharkhand HC11 Sept 2017FA/27/2017

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What is this about?

The Court considered a First Appeal in a matrimonial dispute. Upon observing that the parties达成 an amicable settlement agreeing to divorce by mutual consent, the Court disposed of the appeal without adjudicating it on merits, directing the parties to file a joint petition for mutual consent divorce at the Family Court.

What did the court decide?

Appeal disposed of on the basis of amicable settlement; parties directed to file joint petition for mutual consent divorce.

Sarita Devi Vs Rishikesh — Matrimonial and Divorce | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 27 of 2017

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Sarita Devi ..... Appellant vs.- Rishikesh ......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. A. K. Sahani, Adv. For the Respondent : Mr. Gautam Rakesh, Adv.

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6/11.9.2017

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Heard learned counsel for the parties.

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Appellant-wife herein is the petitioner in Title Matrimonial Suit No. 297 of 2014, which was dismissed on contest by learned Additional Principal Judge, Additional Family Court, Dhanbad by the impugned judgment and decree dated 6^th January, 2017/12^th January, 2017. Plaintiff had prayed for a decree of dissolution of marriage on the ground of cruelty and desertion.

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During pendency of the appeal, parties agreed to explore the possibility of amicable settlement of matrimonial dispute through mediation. Though, the first mediation failed but on the second attempt parties have gracefully agreed to separate by filing a joint petition for divorce with mutual consent in Dhanbad Family Court by 15^th September, 2017 as per the written undertaking arrived at in the presence of learned Mediator, JHALSA.

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Learned Mediator, JHALSA in his report dated 4^th September, 2017 bearing letter no. 2421 has also enclosed their joint undertaking. As per undertaking, the wife has also agreed not to seek any alimony or permanent maintenance from her husband for getting divorce. Parties have resolved not to interfere in each other's life. They will not stake claim to each other's property after getting divorce. There is no other case pending in any Court except the present appeal.

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Learned counsel for the parties submits that the appeal can be disposed of in the light of the agreement arrived at between the parties. Parties would move a joint application in terms of Section 13B of Hindu Marriage Act, 1955 before learned court of Family Court, Dhanbad on or before 22^nd September, 2017.

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Considered the submission of learned counsel for the parties in the light of the developments that had taken place during pendency of the appeal. There is no point in adjudicating the appeal on merits once the parties have agreed to severe their relationship with mutual consent. Parties are therefore required to file joint petition under Section 13B of the Act of 1955 by 22^nd September, 2017 before the Court of learned Principal Judge, Family Court, Dhanbad. The terms of their settlement be incorporated in the decree.

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The appeal is disposed of in terms of amicable settlement between the parties. Decree accordingly.

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(Aparesh Kumar Singh,J)

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(B.B.Mangalmurti,J)

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Sarita Devi v. Rishikesh

Case brief

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Sarita Devi v. Rishikesh

Case brief

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