High CourtsDIVISION BENCH(2017) 04 JH CK 0039

Binay Kumar Singh vs State of Jharkhand & Ors.

Jharkhand High Court · Decided on 18 April 2017

HON’BLE JUDGES
H. C. Mishra, Dr. S.N. Pathak
RESULT
Allowed
CASE NUMBER
204 of 2012

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Judgment

6 paragraphs · 324 words
1.

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.

2.

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.

3.

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.

4.

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.

5.

This appeal is accordingly, allowed in terms of consent of both the parties. Consequently, the aforesaid interlocutory application is also allowed.

6.

Let the decree be prepared accordingly.