Malhara, PS Rikhiya District Deoghar. … v. Prem Kumar Sonar, son of Gendo Sonar, resident of village Qr. No. 107, Padma
Case Details
-1- First Appeal No.171 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Appellate Jurisdiction) First Appeal No. 171 of 2023 ------ ------ Gouri Devi, wife of Prem Kumar Sonar, daughter of Banwari Verma, resident of village- Tarnidih, PO: Malhara, PS Mohanpur, District: Deoghar, presently residing at her father's house, at village Khaprodih Punsiya PO: Malhara, PS Rikhiya District Deoghar. … Versus Prem Kumar Sonar, son of Gendo Sonar, resident of village Qr. No. 107, Padma Road, Kadma, PO & PS: Kadma, Town- Jamshedpur, District East Singhbhum permanent resident of village Dumkawa, PO Telwa Bazar PS: Simultala, District- … … Respondent Jamui (Bihar). … Appellant ------- CORAM: HON’BLE MR. JUSTICE RATNAKER BHENGRA HON’BLE MR. JUSTICE SANJAY PRASAD ------
Legal Reasoning
For the Appellant : Mr. Shudhansu Kumar Deo, Advocate For the Respondent : Mr. Rajesh Kumar, Advocate ------ Order No. 6/ Dated: 24 th April, 2024 ORAL JUDGMENT IN COURT IA No.3553 of 2024 Heard learned counsel for the appellant and the learned counsel for the respondent. 2. The present appeal has been filed against the Judgment dated 22.02.2020 and Decree dated 02.03.2020 passed by Sri Niraj Kumar Srivastava, learned Additional Principal Judge, Additional Family Court, Jamshedpur in Original Suit No. 14 of 2019 filed under section 13(1)(i-a)(i-b) of Hindu Marriage Act, for dissolution of marriage by decree of divorce, in favour of the respondent- husband whereby and whereunder the learned Additional Principal Judge, Additional Family Court, Jamshedpur has allowed the Original Suit and decreed on ex-parte against the appellant-wife. 3. The marriage of the appellant was solemnized with the respondent on 13th March, 2007 at Mango, Jamshedpur according to Hindu rites and customs and the aforesaid marriage was arranged marriage. 4. It appears that vide order dated 04.03.2024 on the request of the counsels for both the parties, this matter was referred to the Secretary, DLSA, Deoghar for mediation and the parties were directed to appear before the Secretary, -2- First Appeal No.171 of 2023 DLSA, Deoghar on 14.03.2024 at 11:00 a.m. 5. Today, the learned counsels for the parties have referred to a joint compromise petition which has been filed by way of IA No. 3553 of 2024 indicating that parties have settled their matrimonial dispute. 6. The learned counsels for both the parties have further submitted that the present case has been referred to Mediation Centre, DLSA, Deoghar by this Court vide order dated 04.03.2024 and both parties have appeared before the Mediation Centre, Deoghar and matter has been settled between the parties with certain terms and conditions which is also apparent from the report dated 14.3.2024 sent by the learned Secretary, DLSA, Deoghar 7. It is further submitted by the learned counsels for both the parties that the appellant has filed an original maintenance case before the learned Principal Judge, Family Court, Deoghar bearing OMC No. 55 of 2020 in which the learned Additional Principal Judge, Family Court, Deoghar referred the matter to Mediation Centre, DLSA, Deoghar in which both parties have appeared and they are ready to settle their matrimonial dispute and to that effect, they had filed joint compromise petition dated 12.12.2023 before the learned Additional Principal Judge, Additional Family Court, Deoghar. 8. It is also submitted by both the parties that after filing of the joint compromise petition, the learned Additional Principal Judge, Additional Family
Decision
Court, Deoghar vide order dated 12.12.2023, disposed of the original maintenance case in the light of Mediation Centre Report and compromise petition dated 12.12.2023. 9. It is further submitted by both the parties that the matter has been settled between the parties with certain terms and conditions which are as follows: (i) The appellant has gone and settled with the respondent and both of them are living together as husband and wife peacefully along with their children; (ii) Both the parties desire to get set aside the Judgment and Decree passed in Original Suit No. 14 of 2019 through the High Court; (iii) The respondent Prem Kumar Sonar is ready to provide everything of the needs of the appellant Gouri Devi and their children born out of their matrimonial wedlock, as such, now there is no dispute between the parties. 10. Today, in Court both the parties are represented. It is submitted in Court that the respondent-husband is ready to keep his wife-appellant along with minor -3- First Appeal No.171 of 2023 children with full dignity and respect after filing the joint compromise petition before the learned Additional Principal Judge, Family Court, Deoghar. 11. Both the parties have also submitted via their counsels in Court that as the parties have settled their dispute before the learned Court below as well as before this Court, hence, there is no grievance exists between the parties as on date. 12. Today i.e. 24.04.2024 also, the learned counsel for the appellant and the learned counsel for the respondent have stated that both the parties have physically appeared on 08.04.2024 and have shown their willingness to restitute their conjugal life and have also admitted this fact that they have settled their matrimonial dispute outside the Court. 13. Hence, having heard both the counsels, having gone through the records, particularly, joint compromise petition in OMC No. 55 of 2020, annexed as annexure-9 to IA No. 3553 of 2024, and also in view of the statements jointly made in IA No. 3553 of 2024, as indicated aforesaid, We are inclined to set-aside the Judgment dated 22.02.2020 and Decree dated 02.03.2020 respectively passed by the learned Additional Principal Judge, Additional Family Court, Jamshedpur in Original Suit No. 14 of 2019, and the prayer made in IA No. 3553 of 2024 for allowing joint compromise between the parties is allowed. 14. 15. 16. 17. IA No. 3553 of 2024 shall form part of the order. Let the Decree be drawn accordingly by the office. IA No. 3553 of 2024 is allowed. Consequently, FA No. 171 of 2023 is allowed in terms of compromise and disposed of. (Ratnaker Bhengra, J.) (Sanjay Prasad, J.) Jharkhand High Court, Ranchi Dated: 24 /04/ 2024 SB/KNR/-