RAJ KISHORE DAS Vs. RENU DEVI

JUDGEMENT

(1.) I.A. No. 4982/2018 Present appeal by the appellant / husband is against the dismissal of Title Matrimonial Suit No. 75/2005 seeking dissolution of marriage with the Respondent / wife vide judgment dated 16.01.2012 and decree dated 01.02.2012 passed by the Learned Court of Principal Judge, Family Court, Bokaro.

(2.) Suffice it to say, at the instance of the learned counsel for the parties, several attempts were made earlier for amicable settlement of the dispute between them. The matter was also sent for mediation to JHALSA. Though, mediation has failed, but efforts to explore the possibility of amicable settlement between the parties continued thereafter as records of the proceedings would show. However, since amicable resolution was not coming forth, the matter was posted for hearing in January 2018. Again during the course of hearing, proposal for settlement was put forward by the parties. In the spirit of the Family Courts' Act, we endeavored to enable them to come to an amicable settlement as the area of differences appeared to be quite narrow. Yesterday, when the matter was taken up, learned Senior Counsel for the parties submitted that the spouses have resolved their remaining area of differences also, after much persuasion and a joint compromise would be filed incorporating the same. Thus, the matter has been taken up today.

(3.) The joint compromise petition (I.A. No. 4982/2018) filed today incorporates terms and conditions of settlement. As per averment made therein, appellant has agreed to make payment of Rs. 4.00 lakh to the Respondent / wife through a bank draft which shall be prepared within a week and handed over to her. The appellant shall also give his share of entire 05 decimals of land under plot no. 1702/1217 in Mouza Chhatand, Thana Chandan Kiyari No. 230, Khata No. 57 district Bokaro in the name of the Respondent Renu Devi, as desired by her, for herself and her son. Appellant shall also return the articles, as mentioned in para-4 of the compromise petition, in the present condition which, according to the Respondent, were given in marriage to him. Parties have further stipulated that the entire exercise of payment of Rs. 4.00 lakh, transfer of the landed property and the articles mentioned therein shall be completed within a fortnight from today. On these terms and conditions, parties have agreed to a decree of divorce. Marriage between the parties would cease thereafter.