LAWS(JHAR)-2021-1-11

MAHENDRA NARAYAN Vs. PURNIMA DEVI

Decided On January 07, 2021
Mahendra Narayan Appellant
V/S
PURNIMA DEVI Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Appellant husband aggrieved by the dismissal of the Original Suit No. 438 of 2013 seeking divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of cruelty and desertion vide impugned judgment dated 06.03.2018 and decree dated 17.03.2018 passed by the learned Principal Judge, Family Court, Ranchi has preferred this appeal.

(3.) During pendency of this appeal, parties have arrived at an amicable settlement during course of mediation. In terms of the compromise, appellant has paid Rs. 5,75,000/- as permanent alimony to the respondent wife while respondent was required to withdraw all the criminal cases pending against the appellant. In respect of the pending criminal case instituted by the respondent wife under Section 498A of the I.P.C being G.R. No. 3912 of 2018 pending before the learned Judicial Magistrate 1st Class, Ranchi, since the respondent could not manage to withdraw it due to restricted functioning of the Court during Covid, appellant has preferred Cr.M.P. No. 2227 of 2020 for quashing of the prosecution. Respondent has entered appearance in the said Cr.M.P. and also filed joint compromise petition. In this appeal through I.A. No. 6551 of 2020, the joint compromise petition has been filed signed by both parties. It incorporates the terms of the settlement where under the appellant has paid a total amount of Rs. 5,75,000/- as permanent alimony and both parties agree to withdraw cases instituted against each other.