Santosh Kumar Singh v. Rekha Devi And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.424 of 2017 ====================================================== Santosh Kumar Singh Son of Jai Narayan Singh, Resident of Mohalla- Maula Bagh, P.S.- Ara Nawada, District- Bhojpur at Ara. ... ... Appellant/s
Versus
1.
Rekha Devi and Anr D/o Rajnath Singh, R/o Mohalla Chitragupta Nagar, Near- B.D.O. Block, P.S.- Aara Nawada, District- Bhojpur at Aara. 2.
Amit Kumar Singh S/o Not Known, R/o Village Ghatwan, P.S.- Darahara, District- Munger.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Prabhakar Singh For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 19-12-2019 Both parties are present in person along with their respective learned counsels.
The parties have already settled their dispute by filing their joint compromise petition dated 17.08.2019 at flag 'C' and in pursuant to aforesaid compromise petition, the remaining payment of Rs. 8,00,000/- (Eight Lakhs) has already been paid to respondent no. 1 which is admitted by respondent no. 1 before this court. Furthermore, it is informed on behalf of parties that the petition under Section 13(B) of Hindu Marriage Act, has also been prepared and, apart from this, the petitions
Patna High Court MA No.424 of 2017 dt.19-12-2019 2/2 which are to be filed in pending cases have also been prepared and the same would be filed before the respective courts in due course and, thereafter, parties shall get disposed of the cases which are pending between them.
Since the parties have settled their dispute and have agreed for disposal of this appeal in terms and condition of compromise petition dated 17.08.2019, there is no need to keep this appeal pending. Accordingly, this appeal stands disposed of and the marriage of appellant and respondent is hereby dissolved by decree of divorce and the impugned judgment dated 10.03.2017 passed in Matrimonial (Divorce) Case No. 1 of 2009 stands modified to the above-stated extent. The compromise petition dated 17.08.2019 shall be part of the decree. However, it is made clear that if any of the parties backs out from the above-stated compromise petition dated 17.08.2019, the other party shall be at liberty to file interlocutory application petition for recall of present order. (Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2020 Transmission Date 08.01.2020