Madhu Devi v. Rabindra Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.386 of 2024 ====================================================== Madhu Devi, Daughter of Ramesh Sharma, Wife of Rabindra Sharma, Resident of Village- Naya Bhojpur, (Pakwa-Inar) Near of Kabaddi Shop, P.S.- Dumraon, District- Buxar.

... ... Appellant/s

Versus

Rabindra Sharma Son of Hirdayanand Sharma, Resident of Village- Akalupur Dera, Post- Haryana Firm, P.S.- Dumraon, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mrs. Dimpal Kumari, Advocate For the Respondent/s :

Mr. Sanjay Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI) 17-04-2026 Heard the parties.

2. This is an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, filed jointly by the appellant and the respondent praying for amicable settlement on compromise of Matrimonial Appeal No. 386 of 2024.

3. We have perused the grounds of settlement. The grounds are lawful. The parties have agreed to dissolve their marital ties on the ground of desertion. It is also agreed by both the parties that on dissolution of marriage on the ground of desertion, which both parties

Patna High Court MA No.386 of 2024(12) dt.17-04-2026 2/3 have agreed to exist and husband/respondent shall pay sum of Rs. 5 lakhs towards full and final settlement of permanent alimony, first installment of which amounting to Rs. 2 lakhs shall be paid by the respondent/husband to the wife through demand draft on the date of passing of final order on compromise and the rest amount of Rs. 3 lakhs shall be paid under two equal installments of Rs. 1.5 lakhs each within one month from the date of the first payment and two months, thereafter, from the date of the second installment.

4. In view of such circumstances, the marriage between the appellant and the respondent be dissolved by a decree of divorce on the ground of desertion.

5. The compromise petition be made part of the decree. The husband/respondent is directed to make payment of Rs. 2 lakhs forthwith.

6. The respondent has filed a photostat copy of the bank transaction, showing transfer of a sum of Rs. 2 lakhs in the name of appellant/wife.

Patna High Court MA No.386 of 2024(12) dt.17-04-2026 3/3

7. The photostat copy of the bank transaction be kept with the record.

8. Paries are directed to abide by their respective terms and conditions of the compromise petition.

9. The above settlement is subject to payment of the rest amount as per the settlement, which is the part of the decree.

(Bibek Chaudhuri, J) (Chandra Shekhar Jha, J) veena/s.tripathiU