Saurabh Raj v. Soni Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.73 of 2022 ====================================================== Saurabh Raj Son of Ram Bahadur Prasad Resident of Village-Sandalpur, Police Station-Kasim Bazar, District-Munger.

... ... Appellant/s

Versus

1.

Soni Kumari, Female Daughter of Ram Prasad Yadav Resident of VillageNaulakha, Police Station-Kasim Bazar, District-Munger. 2.

Gautam Kumar Son of Om Prakash Yadav Resident of Village-Naulakha, Police Station-Kasim Bazar, District-Munger.

3.

The Secretary, Sri Indradarnaneshwar Madev Trust, Ashok Dhani, Police Station-Lakhisarai, District-Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Deepak Kumar, Advocate For the Respondent/s :

Mr. Sanjiv Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 15-09-2023 In the instant Miscellaneous Appeal No. 73 of 2022, the appellant has assailed the order of the Family Court dated 15.12.2021 passed in Matrimonial Case No. 248 of 2016 whereby and whereunder the suit of the appellant filed under Section 11 of the Hindu Marriage Act has been dismissed.

2. During pendency of the present Miscellaneous Appeal, matter was referred to the Mediation and Conciliation Centre of this Court in which parties have settled their grievances and the report of the learned mediator along with copy of settlement called as Memo of Agreement in Mediation

Patna High Court MA No.73 of 2022(8) dt.15-09-2023 2/3 Proceeding No. 632 of 2023 (Arising out of Miscellaneous Appeal No. 73 of 2022) on 12.09.2023 has been placed on record.

3. The parties have settled their score and the appellant-husband has paid Rs. 4,00,000/- (Rupees Four Lakhs) as permanent alimony to the respondent-wife (Soni Kumari) under the terms of settlement deed. The parties have agreed to take steps for closure of all the cases pending between them. They have further agreed to live separately and not to make any claim against each other.

4. The instant Misc. Appeal is disposed of in terms of the settlement accorded between the parties before the Mediation and Conciliation Centre.

5. The Registry is directed to draw a decree in terms of settlement and the said settlement shall form part of the decree.

6. In the event of violation of any terms and conditions of the settlement, the parties are at liberty to approach this Court for revival of this order passed in M.A. No. 73 of 2022.

7. In view of these factual matrix, the judgment and order dated 15.12.2021 passed by the Principal Judge, Family

Patna High Court MA No.73 of 2022(8) dt.15-09-2023 3/3 Court, Munger in Matrimonial Case No. 248 of 2016 stands set aside and the M.A. No. 73 of 2022 stands disposed of. (P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./- U