Allowed

Rekha Devi v. Raju Chouhan

Jharkhand HC4 Oct 2017FA/84/2016

Case brief

AI extract

What is this about?

In a first appeal regarding a matrimonial suit, the High Court of Jharkhand underwent mediation, which resulted in a successful settlement where parties agreed to dissolve their marriage without further financial claims. The court allowed the appeal and issued a decree of divorce.

What did the court decide?

Instant appeal allowed; marriage between parties dissolved in terms of compromise; terms of settlement included in decree.

Rekha Devi Vs Raju Chouhan — Matrimonial and Divorce | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 84 of 2016

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Rekha Devi -----Appellant

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Versus

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--Raju Chouhan --- 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. Naresh Pd. Thakur, Advocate For the Respondent: Mr. Manoj Kr. Sinha, Advocate

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10/ 04.10.2017 Heard counsel for the parties.

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The appellant / wife, aggrieved by the dismissal of her Title Matrimonial Suit No. 472/2012 instituted on the grounds of cruelty by the impugned judgment dated 27.01.2016 and decree dated 04.02.2016 passed by the Learned Principal Judge, Family Court, Dhanbad, is before us in the present appeal.

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In order to explore the possibility of an amicable settlement in the spirit of Family Courts Act, we directed the parties to participate in mediation process before the Learned Mediator, JHALSA earlier by order dated 04.07.2017. As reported through letter no. 2190 dated 04.08.2017 at Flag-'X' by the Learned Mediator, JHALSA, mediation has been successful.

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When the matter was taken up earlier on the previous date on 04.09.2017 and thereafter on 13.09.2017, learned counsel for the parties submitted that a joint compromise petition would be filed incorporating the terms of settlement between them. A joint compromise petition has been filed through I.A. No. 7674/2017 supported by the affidavit of the appellant / wife and the Respondent / husband. Parties have indicated their understanding to dissolve their marriage and live separately in future on their own free will. No other condition has been stipulated for dissolution of marriage. The understanding arrived at under their joint signature before the Learned Mediator, JHALSA, enclosed to the report at Flag-S, also indicates that the parties would not make any claim for gift, ornaments, etc. from each other. Appellant wife is present in Court today. Learned counsel for the

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parties submit that marriage can be dissolved in terms of compromise by this Court.

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We have considered the submissions of the learned counsel for the parties and settlement arrived at between the parties for dissolution of marriage. Parties appear to have amicably resolved their matrimonial dispute and are no longer interested in living together. No purpose therefore would be served either in keeping the instant appeal alive or adjudicating it on merits. We are therefore inclined to issue a decree of dissolution of marriage of the parties. Accordingly, instant appeal is allowed. Marriage between the parties stands dissolved in terms of compromise. Decree accordingly. The terms of settlement, as contained in I.A. No. 7647/2017, shall form part of the decree.

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( Aparesh Kumar Singh, J )

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Ranjeet/

Rekha Devi v. Raju Chouhan

Case brief

What is this about?

What did the court decide?

Rekha Devi v. Raju Chouhan

Case brief

What is this about?

What did the court decide?

What the court decided

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