Binay Kumar Singh vs State of Jharkhand & Ors.

Both the parties are present in the Court with their respective

advocates. The aforesaid interlocutory application has been filed pursuant to

order dated 28.11.2016, which is in the nature of joint compromise petition filed

by both the parties and it contains affidavits sworn by both the parties in person.

In the joint compromise petition, it is stated that as agreed between

the parties on 28.11.2016, the parties have agreed to end their relationship by

decree of divorce, subject to the condition that Rs. 5,00,000/- shall be paid to the

respondent-wife by the appellant-husband, as lump sum amount as one time

settlement for her maintenance and Rs. 5,00,000/- shall be paid in favour of

minor daughter Akansha Tanu, which shall be kept in the Fixed Deposit in her

name, which she shall be able to operate on attaining the majority.

In terms of the joint compromise petition, the appellant husband has

produced two Bank Drafts of Rs. 5,00,000/- each, in favour of respondent wife

Anjana Srivastava and their minor daughter, Akansha Tanu, bearing Nos. 011945

and 011946, dated 6.4.2017 issued by IDBI Bank. Both these Bank Drafts are

handed over to the respondent Anjana Srivastava, who is present in the

Court, and she acknowledges the same in the order-sheet also. The respondent

Anjana Srivastava is directed to deposit the Bank Draft of Rs. 5,00,000/- issued

in favour of Akansha Tanu in a Fixed Deposit in her name in any nationalized

Bank, which she shall be free to operate as per her choice on attaining the

majority.

Since the agreed amount, as one time settlement, has been paid to

the respondent wife, the marriage between the parties is, hereby, dissolved by a

decree of divorce, as agreed by both the parties in person.

This appeal is accordingly, allowed in terms of consent of both the

parties. Consequently, the aforesaid interlocutory application is also allowed.

Let the decree be prepared accordingly.