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Judgment
Mr. S. P. Roy for the appellant and Mr. Ranjan Kumar Singh for the respondent are present through Video Conferencing.
Pursuant to On-line mediation, parties have been able to arrive at an amicable settlement, terms and conditions thereof is annexed to the report submitted by learned P.D.J.-cum-Chairman, DLSA, Godda bearing letter no. 612 dated 21st July, 2020. As per the terms of settlement, parties have agreed to nullify their marriage on conditions of payment of Rs. 2.00 Lakhs by the appellant to the respondent for her future need.
Mr. S. P. Roy, learned counsel for the appellant states that an amount of Rs. 1,50,000/- has been paid by 15th August, 2020 in two instalments and 3rd instalment of Rs. 50,000/- were to be paid by 15th September, 2020. He also submits that the respondent had agreed to withdraw certain criminal cases including Criminal Revision pending before this Court. The appellant's father also undertook to withdrew P.C.R. Case No. 370 of 2016 from the court of learned Judicial Magistrate, 1st Class, Godda in order to bring quietus to their dispute.
Today, when the matter is taken up, learned counsel for the appellant submits that P.C.R. Case No. 370 of 2016 lodged by the appellant's father has been disposed of in terms of the compromise vide order dated 11th September, 2020 passed by learned Judicial Magistrate, 1st Class, Godda. Appellant has paid an amount of Rs. 2.00 lakhs in favour of respondent-wife through four demand drafts, which are as under:
i) Amount : 49000.00, Dated : 22.07.2020, Bank Draft No. "777968" 000002000: 000360" 16
ii) Amount : 49000.00/-, Dated : 23.07.2020, Bank Draft No. "777971" 000002000: 000360" 16
iii) Amount : 50000.00, Dated : 05.09.2020, Bank Draft No. "778247" 000002000: 000360" 16
iv) Amount : 52000.00, Dated : 11.08.2020, Bank Draft No. "778046" 000002000: 000360" 16
Learned counsel for the appellant submits that the instant appeal can be disposed of in terms of settlement by a decree of nullity of the marriage between the parties.
Mr. Ranjan Kumar Singh, learned counsel for the respondent does not dispute the statements made by learned counsel for the appellant as regards the payment of Rs. 2.00 Lakhs by four demand drafts in favour of respondent. He further submits that respondent has made a request to her counsel to withdraw Criminal Revision No. 906 of 2018 pending before this Court. Respondent does not want to prosecute the revision because of the settlement arrived at between the parties. He submits that appeal can be disposed of in terms of settlement dated 15th July, 2020.
We have considered the submissions of the learned counsel for the parties and taken note of the development taken place during pendency of this appeal. Appellant had approached this Court being aggrieved by dismissal of Original Suit No. 45 of 2016 seeking a decree of nullity under Section 12 of the Hindu Marriage Act, 1955 against the respondent, vide judgment dated 6th November, 2017 and decree dated 5th December, 2017 rendered by learned Principal Judge, Family Court, Dumka. It appears from the pleadings on record that parties had also indulged in lodging cases against each other. However, during pendency of this appeal and in course of mediation proceedings, they have arrived at an amicable settlement which is incorporated in the report submitted through learned Member Secretary JHALSA bearing letter no. 906 dated 21st July, 2020. The terms of settlement have been jointly signed by the parties and is annexed to the mediation report. As per the terms, they have agreed for nullifying their marriage, subject to payment of Rs. 2.00 lakhs to the respondent to safeguard her future to be paid in four instalments. P.C.R Case No. 370/2016 instituted by father of the appellant has been disposed of in terms of the settlement by the Court of learned Judicial Magistrate, 1st Class, Godda vide order dated 11th September, 2020.
Learned counsel for the respondent categorically submits, on instruction, that the respondent and her father are in the process of withdrawing the criminal case instituted against the appellant being Saraiyahat (H) P.S. Case No. 145 of 2015, corresponding to G.R. No. 1043 of 2015 and also taking appropriate steps for withdrawal of Criminal Revision No. 906 of 2018, which was preferred against the dismissal of her maintenance case. Due to pandemic and restricted functioning of the Court, however G.R. Case No. 1043 of 2015 has not yet been disposed of. However, learned counsel assures that all prompt and timely steps would be taken and appropriate petition shall be preferred before the concerned Court of Judicial Magistrate, Dumka for disposal of the said case also in terms of the settlement.
Learned counsel for both the parties submit that terms of settlement have been substantially complied with and the remaining few terms would also be complied on the part of the respondent. Therefore, the appeal can be disposed of by decree of nullity of the marriage between the parties since the parties have come to a consensus that when the marriage was performed, respondent was a minor.
Having considered the aforesaid facts and circumstances and the amicable settlement arrived at between the parties, it is evident that the parties were fighting this litigation on the question of nullity of the marriage and on the plea that the respondent was minor at the time of marriage which made the marriage voidable. Now the parties have themselves arrived at settlement and admitted that the marriage was voidable since the respondent was minor at the time of marriage. They have agreed to nullify their marriage on mutual terms and conditions which have been complied with and some of them are being in the process of being complied. In the aforesaid facts and circumstances therefore, there is no purpose in keeping this appeal pending for adjudication on merits.
Accordingly, the appeal is disposed of in terms of the settlement by declaring the marriage between the parties as null and void. Decree accordingly. Let terms of settlement form part of the decree.