Krishna Kumar @ Krisan Kumar v. Smt. Puja Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.586 of 2017 ====================================================== Krishna Kumar @ Krisan Kumar Son of Sri Rajniti Kuwar @ Ranjeet Kumar Resident of Village-Bachhauta, P.S.-Morkahi, District Khagaria ... ... Appellant/s

Versus

Smt. Puja Kumari Wife of Sri Krishna Kumar @ Krisan Kumar Daughter of Sri Vedanand Singh, Resident of Village-Maujmabad Nayawas P.S.- Chawanipur Bihpur District-Bhagalpur.l ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dineshwar Mishra, Advocate Mr. R. K. Goswami, Advocate For the Respondent/s :

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA) 15-09-2023 The present Misc. Appeal has been filed by the appellant-husband against the judgment and order dated 29.04.2017 passed by the learned Principal Judge, Family Court, Khagaria in Matrimonial Case No. 65 of 2010, whereby and whereunder divorce petition filed by the appellant under Section 13(1) (i-a) of the Hindu Marriage Act has been dismissed.

02. Heard learned counsel for the parties.

03. Earlier this matter was referred for mediation and report dated 04.09.2023 of the learned Mediator is on record along with a copy of the settlement deed between the parties, which is duly signed by the respective parties and their learned

Patna High Court MA No.586 of 2017(10) dt.15-09-2023 2/3 Advocates.

04. The parties have settled their dispute and the appellant-husband has agreed to make payment of Rs. 15,00,000/- (fifteen lakhs) as permanent alimony to the respondent-wife under the terms of settlement deed. The parties have further agreed to take steps for closure of all cases pending between them. The parties have further agreed that after making of the payment in full they would take further steps for dissolution of their marriage and ending the relationship.

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

06. 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 the appeal.

07. In accordance with aforesaid orders, the appeal stands disposed of and the judgment and order dated 29.04.2017 passed by the learned Principal Judge, Family Court, Khagaria in Matrimonial Case No. 65 of 2010 would not be a hurdle for seeking dissolution of their marriage by mutual consent under Section 13(B) of the Hindu Marriage Act.

08. The office is directed to draw a decree in terms of

Patna High Court MA No.586 of 2017(10) dt.15-09-2023 3/3 settlement and the said settlement shall form part of the decree. (P. B. Bajanthri, J) (Arun Kumar Jha, J) Ashish/- Himanshu/- U