IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.797 of 2009 Pinky Kumari, wife of Amol Kumar Sahay, daughter of Choudhari Damoder Prasad, resident of Mohalla-Sinduar Tola, Morabadi, P.S. Bariatu, District –Ranchi (Kharkhand) --- Defendant/Appellant. Versus Amol Kumar Sahay, son of R.N. Sahay, resident of Mohalla-Rang Bahadur Road, P.S. Kotwali, District- Gaya ---- Plaintiff/Respondent. ---------------------------------- 12. 23.8.2011 Heard Mr. Shambhu Nath for the appellant, and Mr. D. K. Singh for the respondent. This appeal under Section 19 of the Family Courts Act has been preferred with the prayer to set aside the judgment dated 20.12.2008, passed by the learned Principal Judge, Family Court, Gaya, in M.T.S. Case No. 12 of 2006( Amol Kumar Sahay Vrs. Pinky Kumari), whereby the application preferred by the respondent herein under Section 13 of the Hindu Marriage Act has been allowed, and the marriage between the parties has been dissolved by a decree of divorce. Learned counsel for the appellant presses I.A. No. 3515 of 2009, filed under the provisions of Section 5 of the Limitation Act, seeking condonation of the delay of 21 days in preferring this appeal. Learned counsel for the respondent has no objection if the delay is condoned. In that view of the matter, the delay in filing this appeal is 2 condoned. I.A. No. 3515 of 2009 is accordingly allowed. The parties have filed “Joint supplementary affidavit on behalf of the parties”, subscribed by both the parties, wherein it is stated that the parties have dissolved their dispute outside court, and the appeal may be disposed of on the following terms and conditions: “3. That during the pendencny of this application, the aforesaid appellant/petitioner as well as sole opposite party/respondent decided to compromise the matter and have accordingly agreed on the following terms and conditions: (i) That the opposite party shall give a sum of Rs.5,50,000/- (Rupees five lakh fifty thousand) to the appellant by way of one time full and final settlement of the matter/dispute. (ii) That the aforesaid amount of Rs.5,50,000/- shall be paid by the opposite party to the appellant in four installments within a period of nine months whereas the first installments shall be paid to appellant within one month from the date of this oath and after that remaining payment will be done quarterly. (iii) That both the parties have further agreed to finally part their respective way without any ill feeling beyond each other.” It appears to us that the parties have come to terms voluntarily and without any duress. We accept the compromise. 3 As jointly prayed for by the parties, the amounts as per the aforesaid schedule be paid by the respondent to the appellant as per demand drafts payable in favour of the appellant on any nationalized Bank at Ranchi. The appeal is dismissed, and the impugned judgment is hereby upheld on the aforementioned terms and conditions of the compromise. Vinay/ ( S. K. Katriar, J.) (Ahsanuddin Amanullah,J.)