Allowed

Gurmeet Singh v. Smt Soni Kaur

Jharkhand HC17 Jul 2018FA/238/2017

Case brief

AI extract

What is this about?

High Court at Ranchi disposed of an appeal against the dismissal of a divorce petition. The court held that since the parties reached an amicable settlement via mediation, the marriage stands dissolved and the settlement terms become part of the decree, no adjudication on merits being necessary. The appeal is disposed of accordingly.

What did the court decide?

The marriage between the parties is dissolved in terms of the amicable settlement; the settlement agreement forms part of the decree.

Gurmeet Singh Vs Smt Soni Kaur — Matrimonial and Divorce | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 238 of 2017

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Gurmeet Singh ….........Appellant

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Vrs.

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Smt. Soni Kaur ….......... Respondent

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CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON’BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Pawan Kumar Pathak For the respondent : Mr. Peeyush Krishna Choudhary

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07/17.07.2018 Heard learned counsel for the parties.

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Appellant being aggrieved by the dismissal of M.T.S. 296 of 2015 vide judgment dated 29.04.2017 passed by learned Family Court, Ranchi seeking decree of divorce, has preferred the instant appeal. Learned counsel for both the parties had earlier requested for exploring the possibility of amicable settlement of the marital dispute through mediation before adjudication on merits. Accordingly, by order dated 14.05.2018 parties were directed to appear before learned Member Secretary, JHALSA on 05.06.2018 where after learned Mediator, JHALSA was to undertake the exercise. Mediation has been successful, as per the report of Learned Mediator, JHALSA contained at FlagB bearing letter no. 1309 dated 30.06.2018. Parties have agreed to separate on certain terms and conditions, which have been reduced in writing and jointly signed by them on 29.06.2018. The terms of the settlement are also enclosed to the report of the learned Mediator.

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Learned counsel for the appellant husband submits that appellant is required to make payment of Rs.75,000/- in cash on September 28^th , 2018 in the presence of learned Counsellor in the office of JHALSA and he has also agreed to return the belongings and household articles to the respondent wife which she had left in her in-laws house. It is also agreed that they would have no grievance with each other and are at liberty to lead their future life in their own way. They would also not make any claim against each other in future.

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Learned counsel for the parties submit that since the marital dispute has been amicably settled, the instant appeal may be disposed of in that light by dissolving the marriage between the parties.

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On consideration of the aforesaid facts and the settlement arrived at between the parties on amicable terms, we do not find it necessary to enter into adjudication of the dispute any further. The terms of the settlement jointly signed by the parties dated 29.06.2018 in the presence of learned Mediator, JHALSA are also extracted herein below:-

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“That after proper mediation and discussion the both parties cordially cooperated and arrived at the agreement for the proper settlement of the dispute subject to the following conditions for which both the parties are agreed to follow.

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That the petitioner of the case will pay the cash amount of Rs.75,000/- on September 28^th , 2018 in the presence of the learned councilor in the office of JHALSA and also is agreed to return to the opposite party the following belongings and household articles that she has already left in laws house which are the following :

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Double sized bed-1

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Steel almirah-1

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Trunk-1

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Kitchen-2

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Blanket-2

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Bedsheet-2

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Dinner set-1

¶22

Mattress-1

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That it is agreed that both the parties have no grievance to each other and they are at liberty to lead their future life in their own way. That it is stated in light of the agreement that there would not be any claim by the parties against one another in the future. Accordingly both the parties are ready to give divorce to each other.”

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As per the terms of the settlement, appellant has to make payment of Rs.75,000/- on or before September 28^th , 2018 to the respondent and also return the articles left by her in her in-laws house. In the light of the amicable settlement, marriage between the parties stands dissolved. The appeal is disposed of in terms of the settlement arrived at between the parties. The settlement jointly signed by the parties shall form the part of the decree. Decree accordingly.

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(Aparesh Kumar Singh, J.)

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( Ratnaker Bhengra, J.)

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A.Mohanty

Gurmeet Singh v. Smt Soni Kaur

Case brief

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Gurmeet Singh v. Smt Soni Kaur

Case brief

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