Disposed

Harsh Vardhan v. Nivedita Niram

Patna HC18 Dec 2023CWJC/3594/2011

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What is this about?

Matrimonial dispute between spouses settled by mutual consent for Rs. 35 lakhs payable in installments tied to a mutual-consent divorce proceeding. The court waived the six-month cooling-off period, directed the Family Court to conclude within two months, and quashed the pending complaint case.

What did the court decide?

Settlement recorded; cooling-off period waived; Family Court directed to conclude proceedings within two months; Complaint Case No. 3117 of 2009 quashed; writ disposed of.

Harsh Vardhan Vs Nivedita Niram — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3594 of 2011

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HARSH VARDHAN S/O Sri Bhupedra Narain Sinha Resident Of Flat No.102, R.R.Ugrah Apartment, Shivpuri, P.S- Shastri Nagar, Patna, DistrictPatna.

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... ... Petitioner/s

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Versus

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NIVEDITA NIRAM D/O Sri Dhananjay Kumar Singh Under The Guardianship Of Her Father Resident Of Village- Sahar Telpa, P.S- Karpi, District- Arwal, At Present Residing At Vivek Vihar, Hanuman Nagar, P.SPatrakar Nagar, Kankarbagh, Patna, District- Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Singh For the Respondent/s : Mr.Shashank Chandra ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 18-12-2023

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Heard learned counsel for the petitioner and the learned counsel for the respondent.

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Both the parties have personally appeared. They

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have settled their disputes. The Affidavits filed on behalf of the parties are taken on record.

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The dispute has been settled subject to payment of Rs. 35 lakhs by the petitioner to the respondent. The first installment of Rs. 5 lakhs, by way of Demand Draft has been handed over to the respondent personally which is received by her.

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It has further been agreed between the parties that they will file an application for divorce by mutual consent in the pending divorce proceeding before the Additional Principal

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Patna High Court CWJC No.3594 of 2011(3) dt.18-12-2023 2/2

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Judge, Family Court, Patna and on the date of first motion the petitioner will hand over a Demand Draft of Rs. 15 lakhs as second installment to the respondent in the divorce proceeding. The petitioner is ready and agreeable to pay the third installment of Rs. 15 lakhs on the date of second motion in the divorce proceeding.

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The Additional Principal Judge, Family Court, Patna is directed to waive off the six months cooling off period and conclude the proceedings preferably within two months from today.

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In view of the above settlement, further proceedings of Complaint Case No. 3117 of 2009 pending in the Court of SDJM, Patna is hereby quashed.

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With the aforesaid directions, this application is disposed of.

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(Sandeep Kumar, J)

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Vikas/-

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Harsh Vardhan v. Nivedita Niram

Case brief

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Harsh Vardhan v. Nivedita Niram

Case brief

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