NISCHAL PARIHAR Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. A. K. Das, learned counsel for the petitioner and Mr. D. K. Chakrabarty, learned counsel for the opposite parties.

(2.) In this application the petitioner has prayed for setting aside the order, dated 26.2.2015 passed by learned Principal Judge, Family Court, Dhanbad in M.P. Case No. 343 of 2011, whereby the application preferred by the opposite party No. 2, u/S. 125, Cr.P.C. has been allowed and the petitioner has been directed to make make payment of monthly maintenance of Rs. 4,000/- per month and also for payment of Rs. 2,000 /- towards litigation cost.

(3.) At the outset, learned counsel for the petitioner has submitted that the matter has been compromised between the parties and an application being I.A. No. 1053 of 2017 has been filed by way of joint compromise and pursuant to the terms and conditions of compromise, an amount of Rs. 7 lakhs, as permanent alimony has already been paid to the opposite party No. 2 by the petitioner. It has also been submitted that an application u/S. 13(b) of the Hindu Marriage Act for mutual dissolution of marriage was also filed and the said suit has been allowed vide judgment and decree, dated 14.7.2017 passed in Original Suit (MTS) No. 12 of 2017 by learned Principal Judge, Family Court, Ranchi. Learned counsel further submits that since the terms and conditions also included setting aside the order passed by learned Principal Judge, Dhanbad, the same be set aside in view of the terms and conditions so arrived at between the parties.