IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24611 of 2009 1. MANISH KUMAR, SON OF ANAND SHANKAR PRASAD 2. ANAND SHANKAR PRASAD, SON OF LATE KAMESHWAR PRASAD 3. USHA SINHA, WIFE OF ANAND SHANKAR PRASAD ALL ARE RESIDENT OF SINHA SADAN, ROAD NO. 7, ASHOK NAGAR, KANKERBAGH, P.S. KANKERBAGH, DISTRICT PATNA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. NEHA PRIYA, WIFE OF MANISH KUMAR, DAUGHTER OF SHRI KAMLESHWARI PRASAD, PRESENTLY RESIDING AT EAST LOHANIPUR, KASHINATH LANE (SHIV LANE), P.S. KADAM KUAN, DISTRICT PATNA. ----- OPPOSITE PARTIES ----------- 6 15.3.2010 After great efforts made on behalf of counsel for the petitioners, opposite party no. 2 and this Court 14.9.2009, 26.11.2009, 16.12.2009 and 13.1.2010, the parties could not resolve their differences and were not willing to live with each other. The total time that they have spent together after being married is 2½ months. There are three petitioners. The parties agreed that Neha Priya and Manish Kumar should settle matters amicably and part ways to lead their lives peacefully. Neha Priya and Manish kumar agreed that they would file a joint application under Section 13(B) of the Hindu Marriage Act and in lieu of which the petitioners would pay a sum of Rs. 6,00,000/- to Neha Priya. A draft amounting to Rs. 3,60,000/- as per direction of this Court has been prepared and has been handed over to Mr. Raj Shekhar counsel appearing on behalf of opposite party no. 2 Neha Priya. This Court accordingly directs that the application under Section 13(B) of the Hindu Marriage Act which has been duly signed by both the parties should be presented before the Additional Family Court, Patna who will pass a consent decree under Section 13(B) of the Hindu Marriage Act within a period of six months on payment of the remaining amount which would be Rs. 2 2,40,000/-. Failure to make payments or comply with this order would make the parties liable for contempt. The petitioners undertake to withdraw the matrimonial suit under Section 13 numbered as 683 of 2008 pending before the Additional Judge, Family Court, Patna. The order dated 1.6.2009 by which the S.D.J.M., Patna has refused to discharge the petitioners in Complaint Case No. 3037(C) of 2007 is set aside and quashed subject to the fact that the parties will comply with the agreement made in presence of this Court with respect to the payment of one time settlement agreed upon by the parties and the other conditions mentioned above. The Complaint Case No. 3037(C) of 2007 shall remain stayed till the Court gets intimation of the fact that the payment has been made of the one time settlement referred to above. The application filed before this Court under Section 13(B) duly signed by the parties is returned to the counsel for the petitioners to be presented before the Additional Judge, Family Court, Patna with a period of fifteen days who will pass an order of consent decree of divorce on payment of Rs.2,40,000/- within six months from 13.1.2010. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)