In a family appeal, the High Court set aside the impugned judgment dismissing a divorce petition. Relying on a joint compromise petition where the appellant agreed to pay maintenance, the court dissolved the marriage and allowed the appeal.
Impugned judgment and decree are set aside; marriage is dissolved; joint compromise petition forms part of the decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 23 of 2017
Santosh Kumar
.... Appellant
vs.-
Gayatri Kumari (Singh) ... Respondent
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : Mr. Amit Kumar, Adv. For the Respondent : Ms. Neetu Singh, Adv.
10/14.3.2018
Heard learned counsel for the appellant and respondent.
Appellant is present in person. However, counsel for the respondent-wife submits that respondent had come on 12th March, 2018 and had signed the joint compromise petition with the appellanthusband, but had to go back yesterday suddenly as her father, who is quite old, has became ill. She further submits that in view of the joint compromise petition containing the terms and conditions of their settlement, the marriage can be dissolved. Respondent shall move learned Court at Jamshedpur for dropping/withdrawal of criminal prosecution under C1 Case No. 1857 of 2010 instituted by her against the appellant and his family members. Criminal Revision no. 497 of 2015 filed before this Court for enhancement of maintenance amount has already been dismissed for default on 20th February, 2018.
Learned counsel for the appellant submits that three Cheques bearing nos. 379719 dated 14.03.2018 for Rs. 12,50,000/-, 379720 dated 06.04.2018 for Rs. 12,50,000/- , 379721 dated 14.03.2018 for Rs. 18,000/- payable in the name of wife drawn at S.B.I. are ready to be handed over to learned counsel for the respondent in terms of compromise. These three cheques are being handed over to learned counsel for the respondent, who acknowledges receipt thereof. Out of three cheques two cheques bearing nos. 37919 dated 14.03.2018 and 37920 dated 06.04.2018 are for payment of amount of Rs. 25 lakhs towards permanent alimony while third cheque bearing no. 379721 dated 14.03.2018 is in relation to payment of arrears of maintenance since September, 2017 till February, 2018. Family member of the
appellant had moved before this Court in Cr. M. P. No. 872 of 2014 against the prosecution launched by the respondent-wife in C1 Case No. 1857 of 2010. In view of the undertaking of the respondent that she would withdraw the criminal prosecution in connection with the said case, Cr. M. P. would be rendered infructuous and would be accordingly withdrawn. The marriage between the parties may therefore be dissolved in terms of the compromise.
We have considered the submission of learned counsel for the parties. Appellant was aggrieved by dismissal of his Matrimonial Suit No. 244 of 2010 vide judgment dated 15th September, 2016 passed by learned Principal Judge, Family Court, East Singhbhum at Jamshedpur, whereunder prayer for grant of divorce was rejected. The parties participated in a mediation process during the pendency of appeal and arrived at a settlement. The terms of the settlement have been incorporated in joint compromise petition filed today on their behalf. As per the terms of compromise, Rs. 25,00,000/- (Twenty Five Lakhs Only) is to be paid as a full and final amount against permanent alimony to the respondent-wife as maintenance and stridhan too. It has been decided that no future complaints or sarcastic remarks or allegation/counter allegation would be made by either of the parties against each other. Respondent-wife would keep the custody of their child born on 10th June, 2010 and will maintain him. She will withdraw all the pending civil or criminal cases filed against the appellant and their family members after receipt of full and final settlement amount of Rs. 25,00,000/- (Twenty Five Lakhs Only). Details of two such cases Cr. Revision No. 497 of 2015 and CI Case No. 1857 of 2010, both referred to hereinabove, has also been made. Cr. Revision No. 497 of 2015 stands already dismissed for default on 20th February, 2018. In respect of C1 Case No. 1857 of 2010, the respondent-wife would approach the concerned competent court at Jamshedpur within a period of 1 week from today for dropping/withdrawal of the Complaint Case No. 1857 of 2010 in the light of the compromise arrived at between the parties. In the light of withdrawal of complaint case, counsel for the respondent submits that Cr. M. P. No. 872 of 2014 preferred by the
family members of the appellant would become infructous and would be withdrawn.
Since the parties have agreed to sever their marital tie on the basis of amicable settlement, there is no purpose in adjudicating the instant appeal on merits. Accordingly, the impugned judgment dated 15.09.2016 and decree dated 22.09.2016 passed in Matrimonial Suit No. 244 of 2010 is set aside. Marriage between the parties stands dissolved in terms of the compromise arrived at between the parties. Appeal stands allowed in the aforesaid term. Joint compromise petition shall form part of the decree. Decree accordingly.
( Aparesh Kumar Singh,J )
(Ratnaker Bhengra, J)
1 issue framed by the court
Whether divorce should be granted on the basis of a joint compromise settlement arrived at during mediation.
Santosh Kumar
Gayatri Kumari (Singh)
Apareesh Kumar Singh
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
