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Judgment
The instant appeal is directed against the judgment dated 23.09.2025 and decree signed on 08.10.2025 passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No.129 of 2023 whereby and whereunder the suit filed by the petitioner-wife under section 27(d) of the Special Marriage Act, 1954 seeking decree of divorce on the ground of cruelty was dismissed.
This Court vide order dated 08.06.2026 has sent the matter before the learned Mediator, JHALSA. The Mediation Report is available on record as Flag-Z.
Mr. Mukesh Kumar, the learned counsel appearing for the appellant-wife has submitted that now the parties have settled their dispute before the learned Mediator, JHALSA.
The learned counsel appearing for the appellant-wife has also submitted that in view of the settlement arrived at between the parties he is not pressing the instant appeal, however, he has sought for a liberty to make an application for divorce by mutual consent under section 28 of the Special Marriage Act, 1954 based upon the aforesaid terms and settlement arrived at between the parties as available at Flag-Z.
The learned counsel appearing for the respondent-husband has raised no objection by saying that the instant appeal may be disposed of so that an appropriate application for divorce by mutual consent in terms of the compromise arrived at between the parties as available at Flag-Z will be filed before the learned Court of the competent jurisdiction.
Heard the learned counsel for the parties.
In view of the fact that the compromise has been arrived at between the parties as has been recorded by the learned Mediator, JHALSA in its report as available at Flag-Z, the instant appeal stands dismissed as withdrawn with liberty to the parties concerned to file an application for divorce with mutual consent as per the settlement as available at Flag-Z before the Court of competent jurisdiction.
If such an application will be filed before the concerned Court, the same will be disposed of in terms of the settlement arrived at between the parties without any unnecessary delay preferably within a period of four months from the receipt of such application.
Pending I.As, if any, stands disposed of.