Judgement: Dissolution of Marriage

Court: Jharkhand High Court

Bench: JUSTICES Aparesh Kumar Singh, J. & B.B. Mangalmurti

Kundan Kumar Mukherjee Vs Mausmi Mukherjee @ Bubun On 19 July 2017

Law Point:
Hindu Marriage Act, 1955 — Dissolution of Marriage — Joint compromise petition — It incorporates terms and conditions of compromise — It is signed by both parties and affidavit of both parties also enclosed — Parties on their free will and volition agreed to live together — Conditions are self-speaking — Parties are supposed to abide by terms and conditions of compromise.

JUDGEMENT

1. Heard learned counsel for the parties.

2. Petitioner-Appellant has preferred this appeal being aggrieved by the judgment dated 21.11.2014 passed by learned Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 255 of 2009 where under the suit for a decree of divorce against the Respondent Wife under Section 13(1) (i-b) and (iii) of the Hindu Marriage Act, 195 was dismissed on contest.

3. Earlier the parties were sent for mediation which however did not fructify. Thereafter due to sincere efforts of well wishers including learned counsel for the parties, the parties have arrived at a compromise. On 14.6.2017 submission of learned counsel for the parties indicating amicable settlement between them was also recorded. Both the parties were directed to file joint compromise petition to that effect. The matter was posted for today. A joint compromise petition has been filed on 5.7.2017 being I.A. No. 5351 of 2017 which incorporates the terms and conditions of the compromise. It is signed by both parties and affidavit of both parties are also enclosed.

4. We consider it proper to reproduce the terms and conditions of the compromise hereunder:-

“1. That with the intervention of friends and well wishers the Appellant and the Respondent have compromised and have agreed to live together in a house separate from the house of the parents of the Appellant.

2. That the Appellant undertakes to keep his wife/Respondent with full respect, dignity and decorum. Similarly the Respondent undertakes to maintain peace and harmony in the family.

3. That it is stated that there are only two litigation pending in between the Appellant and the Respondent which are as follows:-

a. F.A. No. 01/2015

b. Maintenance Case No. 30/2015

4. That in view of compromise the Appellant shall withdraw the F.A. No. 01/2015 pending before this Hon’ble Court and the Respondent undertakes to withdraw the Maintenance Case No. 30/2015 pending in the court of Additional Family Judge, Ranchi, after the husband shifts in a separate house and starts living with Respondent wife peacefully and both will maintain marital harmony.

5. That it is stated by the Appellant that his application for VRS is pending before the employer and is likely to be accepted in near future. As on date the Appellant is posted at NTPC, Farakka, and he is having accommodation in Barrack. Therefore the Appellant and the Respondent have agreed to stay together in independent accommodation after the grant of VRS to the Appellant by his employer CISF.

6. That it is further agreed between the parties that the appellant shall credit the maintenance amount in the Account of the Respondent till such time they start living together in a separate house and husband undertakes to maintain his wife with full dignity, respect and decorum. Similarly the wife shall also maintain cordial relationship with the husband.

7. That both the parties have agreed not to litigate the issue any further and remain in peace and harmony and shall maintain a cordial relation in all respect. The Respondent shall not interfere with the Appellant’s responsibility towards his old father and others member of family. Appellant and the Respondent further undertakes to give due respect to each others family members”.

5. Learned counsel for the Appellant submits that appeal may be disposed of in terms of the compromise as the parties are ready to live together.

6. Learned counsel for the Respondent Wife agrees to the submission.

7. Considered the submission of learned counsel for the parties in the light of the development that have taken place during pendency of the instant appeal. The terms of compromise recorded herein above do clearly show that the parties have on their free will and volition agreed to live together. The conditions are self speaking. Parties are supposed to abide by the terms and conditions of the compromise.

8. In that view of the matter, we are satisfied that instant appeal can be disposed of in the light of the settlement arrived at between the parties. Hence the appeal is disposed of in terms of the compromise. Decree accordingly in terms of the compromise. I.A. No. 5351 of 2017 also stands disposed of. Let the Lower Court Records be returned to the Court concerned forthwith.

IA disposed of.

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