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Patna High CourtMA/264/2020disposed

Diwakar Kumar, v. Minakshi Kumari,

2025-08-21Mr. Justice P. B. Bajanthri,Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.264 of 2020 ====================================================== Diwakar Kumar, Son of Chandrabhushan, Resident of Mohalla - Kanhauli Ajrakbe, Ward No. 49, Near Laprosy Mission, P.O. - Ramna, P.S. - Mithanpura, District- Muzaffarpur.

... ... Appellant/s

Versus

Minakshi Kumari, Wife of Diwakar Kumar, D/o- Late Ram Prahalad Singh, at present residing at Mohalla - Miscot, Lane no. 05, P.O. - Ramna, P.S. - Mithanpura, District- Muzaffarpur.

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

For the Appellant/s :

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

Mr.Prafull Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 21-08-2025 At the request of learned counsel for the respective parties, the matter is taken up at 02:15 P.M. in the Chamber.

2. In the light of previous order from time to time parties have entered into settlement to that effect joint settlement agreement has been entered on 20.08.2025.

3. Perusal of the same, it is evident that both the parties have not signed page no. 1, 2, 3 & 4. Similarly, only one witness on behalf of the appellant side. In other words, second witness is required to be identified by the respective parties in support of the joint settlement agreement dated 20.08.2025, during the course of the day office is diverted to return this joint

Patna High Court MA No.264 of 2020(20) dt.21-08-2025 2/2 settlement agreement. After due rectifying the joint settlement, the same shall be placed in the file at the earliest. Having regard to the urgency among the parties and they are present in the Chamber proceedings we proceed to accept joint settlement agreement entered on 20.08.2025, who have been identified by the respective counsels. Settlement of agreement among the parties is taken on record. In view of the aforementioned development, judgment dated 14.02.2020 passed in Matrimonial (Divorce) Case No. 188 of 2017 stands modified. To the extent of settlement among the respective parties to this effect registry is hereby directed to drop decree proceedings. In the event of violation of any terms and conditions to the joint settlement among either of the parties, parties are permitted to file interlocutory application to revive this order to the extent that one of the parties has failed to comply the terms and conditions of the joint settlement agreement dated 20.08.2025.

4. Accordingly, the present Miscellaneous Appeal No. 264 of 2020 stands disposed of.

(P. B. Bajanthri, J) ( Shailendra Singh, J) abhishekkr/- U