Arti Devi Vs Kundan Prasad — Patna HC (2025) — LawSathi Research

Arti Devi Vs Kundan Prasad — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Miscellaneous Appeal disposed of in terms of the mediation agreement dated 25.02.2025: respondent's payment of Rs. 4,50,000/- as one-time final alimony acknowledged; parties free to live separately with no liabilities from 25.02.2025; the judgment dated 11.07.2019 in T.S. (Divorce) Case No. 8 of 2018 not binding on the parties to the extent of the settlement; withdrawal of Sheikhpura P.S. Case No. 463/2017 u/s 435 IPC (G.R. No. 2661/2017, CJM Sheikhpura) by Kishori Saw as per the agreement.

Issue for consideration

Whether the present Miscellaneous Appeal survives for consideration in view of the mediation agreement/settlement dated 25.02.2025 between the parties. +1 more

Court's answer

In light of the settlement between the parties, the present Miscellaneous Appeal does not survive for consideration.

Ratio / Principle

The judgment dated 11th July, 2019 passed in T.S. (Divorce) Case No. 8 of 2018 would not bind the respective parties, to the extent that the parties have entered into the settlement deed narrated in the mediation agreement.

Key takeaways

The present Miscellaneous Appeal is disposed of in terms of the agreement between the parties.ratio¶29

Detailed headnote1 paragraphs

Patna High Court, Miscellaneous Appeal No.599 of 2019 (order dated 08-04-2025; Coram: P. B. Bajanthri and Alok Kumar Sinha, JJ.; per P. B. Bajanthri, J.) — Arti Devi v. Kundan Prasad. The appeal, arising from the judgment dated 11th July, 2019 in T.S. (Divorce) Case No. 8 of 2018, was disposed of in terms of an Agreement of Mediation on affidavit dated 25.02.2025 (furnished with the respondent's supplementary affidavit dated 05.03.2025). Under the settlement: (i) the parties were to live separately; (ii) the respondent paid Rs. 4,50,000/- (Four Lakh Fifty Thousand) as one-time final alimony to the appellant; (iii) all pending cases between the parties were deemed ineffective and compromised, with no liabilities on either party from 25.02.2025; and (iv) Kishori Saw, father of the respondent, was to withdraw Sheikhpura P.S. Case No. 463/2017 u/s 435 of IPC pending as G.R. No. 2661/2017 before CJM, Sheikhpura. Holding that the M.A. did not survive for consideration, the Court ruled that the 2019 divorce judgment would not bind the parties to the extent of the settlement deed.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.599 of 2019

======================================================

Arti Devi D/o Vinod Kumar Vidyarthi R/o Village- Koeri Bigha, P.s.Barbigha, Distt.- Sheikhpura

... ... Appellant/s

Versus Kundan Prasad S/o Sri Kishori Prasad R/o Mohalla- Marpasauna, P.s. and Distt.- Sheikhpura.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Dr. Anjani Pd. Singh, Advocate For the Respondent/s : Mr. Pankaj Kumar, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

15 08-04-2025

Parties are present in the Court and they have signed in the office note of the file. Parties have been apprised by the respective counsels.

Learned counsel for the respective parties relied on supplementary affidavit on behalf of the respondent, Kundan Prasad, along with agreement of Mediation on affidavit dated 25.02.2025, the same has been furnished along with supplementary affidavit on behalf of the respondent dated 05.03.2025 and it is taken on record.

Agreement of Mediation on affidavit reads as

under :-

“1. That the appellant and respondents wants to live separate to each

Patna High Court MA No.599 of 2019(15) dt.08-04-2025 2/3

other.

2. That as one time settlement in the matter the opposite party is ready to pay Rs. 4,50,000/- (Four Lakh Fifty Thousand) as final alimony. And the appellant is ready to accept the same.

3. That now the all cases pending between the parites deems to ineffective & compromise.

4. That the respondent has paid on different dates in Accounts of Arti Devi (the appellant) total Rs. 4,50,000/- (Four Lakh Fifty Thousand) has paid to appellant.

5. That now one more case Sheikhpura P.S. Case No. 463/2017 u/s 435 of IPC lodged by Kishori Saw father of the respondent has also compromised and he is ready to withdraw the case pending in Court below in G.R. No. 2661/ 2017 before CJM, Sheikhpura.

6. That from today, i.e., 25.02.2025 there is no liabilities upon either party for a penny and free to live separate as per their wish.

7. That the content of agreement of mediation on affidavit has been read over by me which I have fully understood the same and statement made therein are true to my knowledge and beliefs”

In the light of the aforementioned development, the

present M.A. do not survive for consideration. Resultantly, the judgment dated 11^th July, 2019 passed in T.S. (Divorce) Case No. 8 of 2018 would not bind on the respective parties in view of latter development to the extent that the parties have entered

Patna High Court MA No.599 of 2019(15) dt.08-04-2025 3/3

into settlement of deed as narrated (supra).

Accordingly, the present Misc. Appeal has disposed

of in terms of the agreement between the parties.

(P. B. Bajanthri, J)

( Alok Kumar Sinha, J)

sanjeev/-

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