IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1687 of 2007 ASHOK KUMAR Versus SMT. VINITA KUMAR --------- 4 9/9/2008 Heard counsel for the parties. Reference may be made to the order dated 5.9.2008. Today an application, I.A. No. 5438 of 2008, has been filed under section 23 of the Hindu Marriages Act, 1955 read with section 151 of the Code of Civil Procedure, seeking direction from this Court to the effect that the Matrimonial Suit No. 12 of 2006/125 of 2007 be directed to be restored after allowing Misc. Case No. 15 of 2007 and further to direct the Principal Judge to pass a decree of divorce in terms of section 13B of the Hindu Marriages Act in the light of the following agreed terms and conditions:- I. That the matrimonial case No. 12 of 2006/ 125 of 2007 be restored to its original file and the parties shall file a petition U/s 13B of the Hindu Marriage Act, 1955. II. Criminal cases or complaints, if filed, by either parties in past will be withdrawn and both the parties will co- operate in the process. For 2 vigilance petition filed by Smt. Vinita Kumar against Ashok Kumar, steps will be taken by her for their withdrawal within a month. III. That, the O.P./wife/Smt. Vinita Kumar and her two sons named above have permanently left the house of the husband/petitioner more than two years i.e. on 14.03.2006 with all the articles, valuables, furniture, household goods either given by her parents and their relations and husband or his relations and friends in any form or shape including the Bank accounts and deposits in the name of the O.P. including the articles belonging to the sons. Now it has been agreed that the petitioner/ husband will not claim any of the aforesaid articles, valuables and deposits in bank A/C standing in her name, exclusively belongs to her and her children. IV. That, the petitioner will deposit (i) a demand draft of Rs. 5,00,000/- (Rs. Five lacs) in the name of the O.P/wife as full and final alimony which is inclusive at the ad-interim maintenance and he will (ii) further pay Rs. 10,00,000/- (Rs. Ten lacs) in full and final payment for the benefit of their sons namely Aditya Abhinav and the same amount of Rs. 10,00,000/- ( Rs. Ten Lacs) for the son Varun Kumar which will be deposited in their respective names under the guardianship of their mother within six months from the date of direction of the court and she will function as statutory guardian till 3 their majority and thereafter each of them will have full and final control over the said deposits. The interest income or, when occasion arises, even a part of the principal amount will be spent for their benefit and compelling necessities of two sons named above. V. That, the petitioner/ husband will have right to meet Aditya Abhinav and Varun Kumar whenever he likes at a time and place fixed as per convenience of the parties. VI. That, the O.P./wife/Smt. Vinita Kumar and the two sons namely Aditya Abhinav and Varun Kumar will have no right to any financial claims against the petitioner except over the deposit/ payment of the aforesaid amounts of Rs. 25,00,000/- (Rupees Twentyfive lacs). VII. That, the parties will have no right to claim any cost of present or past litigations. VIII. That no party will take advantage of any allegations made against one another unless specifically admitted by both the parties. This Court, considering that now in view of the firm stand of both husband and wife that they cannot live under one roof, finds that the interest of justice would be served better by allowing husband petitioner and wife opposite party to live separately and in peace. This Court is also satisfied that the 4 terms and conditions agreed between the parties is in the interest of two minor sons of the petitioner and the opposite party and accordingly, this Court would direct the Additional Principal Judge, Family Court, Patna to restore the Matrimonial Case No. 12 of 2006/ 125 of 2007 within a week from the date of appearance of the petitioner in person along with a copy of this order. The Court below after restoring the matrimonial case will fix a date on which both husband and wife will personally appear and would present an application seeking mutual divorce in terms of Section 13 B of the Hindu Marriage Act. Upon filing of such application for mutual divorce, the court below will pass an order for their mutual divorce incorporating terms and conditions mentioned in this application which has been recorded above in this order. The entire proceedings as with regard to grant of mutual divorce must be 5 completed within the statutory period of six months from the date of receipt/ production of a copy of this order. As a consequence of the aforementioned joint compromise petition seeking to settle the matter for once and ever, the impugned order of this civil revision application granting maintenance pendent-elite is also set aside. Let a copy of this order along with copy of I.A. No. 5438 of 2008 be communicated to the court below at the expenses of the petitioner. This application stands disposed of with the aforementioned observations/ directions. (Mihir Kumar Jha, J.) Abhay Kumar