Manindra Singh @ Mahendra Singh v. Shanti Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.575 of 2014 ========================================= Manindra Singh @ Mahendra Singh Son of Late Ram Gulam Singh Resident of Village - Majhaur, Post Office - Majhaur, P.S. - Nanpur, Distt. - Sitamarhi (Bihar).

.... .... Appellant

Versus

Shanti Devi W/o - Manider Singh @ Mahendra Singh Resident of Village + Post Office - Awarpur, P.S. - Pupri, Distt. - Sitamarhi (Bihar).

.... .... Respondent ========================================= Appearance :

For the Appellant :

Mr. Devendra Kumar, Advocate For the Respondent :

Mr. Pramod Kumar Verma, Advocate ========================================= CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 18-10-2016 Sri Devendra Kumar, A.O.R. No. 2762, is present on behalf of the appellant and Sri Pramod Kumar Verma, A.O.R. No. 2885, is present on behalf of the sole respondent. The parties were married in the year 1970. The appellant filed an application for divorce under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as the "Act"), which was registered as Matrimonial Case No. 19 of 1998. After trial, upon contest, the suit was dismissed by the Principal Judge, Family Court, Sitamarhi on 7th August, 2014. Hence, this appeal.

Upon notice, the sole respondent has appeared.

Patna High Court MA No.575 of 2014 dt.18-10-2016 The parties expressed that there were chance of settlement and as such the matter was adjourned from time to time. Now, an application has been filed with consent of both the parties and their advocates, clearly stating that they have agreed that their marriage be dissolved and in consideration thereof the appellant has already paid the wife a sum of Rs. 1,50,000/- (Rupees One Lac and Fifty Thousand). The other matrimonial disputes between them including maintenance case and other criminal cases have all been compromised. Details whereof is also given in the said affidavit. In view of the aforesaid, this appeal is allowed by consent of parties, and the marriage, as between the appellant and respondent, is dissolved by mutual consent. The parties would have no claim against each other in any respect.

Let a decree, accordingly, be prepared and the judgment and order of the trial court stands vacated. This appeal is, accordingly, allowed.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/N.A.F.R.

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