IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1035 of 2008 SHASHI RANI Versus TARKESHWAR PANDIT ----------- 6. 20.08.2008. This application has been filed by the petitioner, namely, Shashi Rani wife of Tarkeshwar Pandit for transferring the Matrimonial Case No. 211 of 2007 pending in the court of Principal Judge, Family Court, Saran at Chapra to the Principal Judge, Family Court, Patna. The parties were married in the year 1991 at Chapra. After the marriage they remained together and lived as husband and wife till the year 2005. In the year 2005 for one reason or the other the husband and the wife had differences which resulted in the wife and the husband separating. In the meantime, the petitioner and the opposite party had two children, namely, Nishant Kumar now aged 12 years and Akash Kumar now aged 08 years. Nishant Kumar remained with his father Tarkeshwar Pandit whereas Akash Kumar is living with his mother Shashi Rani at Patna. It may be stated here that there are two cases pending between the parties. One filed by the petitioner Shashi Rani before the Principal Judge, Family Court, Patna numbered as Matrimonial Case No. 24 of 2008 wherein she has sought a divorce from her husband and the other filed at Chapra by the opposite party which is Matrimonial Case No. 211 of 2007 for restitution of conjugal rights. During the course of hearing of this application for transfer of Matrimonial Case No.211 of 2007 from the Principal Judge, - 2 - Family Court, Chapra to the Principal Judge, Family Court, Patna the parties appeared in person alongwith their two sons. After talking and counselling individually as well as together the petitioner and the opposite party and two boys who had also come to this Court, I found that the petitioner was not ready to live with her husband and has made a number of allegations against him which had been refuted by him during the course of the discussions. On 13.8.2008 Mr. Sunil Kumar Srivastava counsel appearing on behalf of the petitioner agreed to act as mediator between the parties,so the petitioner and the opposite party alongwith their counsel met at his residence and tried to sort out the matter. However, although the counsel made efforts to bring the parties together and counsel them to live together, the reconciliation failed. Nevertheless the petitioner and the opposite party agreed that they would agree to file an application for a consent decree of divorce under Section 13(B) of the Hindu Marriage Act. The petitioner and the opposite party have agreed to the following terms :- (A) The petitioner and the opposite party will file an application under Section 13(B) of the Hindu Marriage Act before the Family Court, Patna for a consent decree of divorce. The application should be filed within two months of receipt of this order. A copy of the application should be handed over to the counsel appearing on behalf of the opposite party so - 3 - that the opposite party may sign the application and return it to his counsel. The counsel for the petitioner Mr. Prem Kumar Verma undertakes that he will file an application within the aforesaid time before the Principal Judge, Family Court, Patna. The application should be recorded as a separate case, and the petitioner Shashi Rani who has filed the Matrimonial Case no.24 of 2008 will withdraw the Matrimonial Case No. 24 of 2008. (B) On receipt of the application under Section 13B of the Hindu Marriage Act, the Principal Judge, Family Court, Patna will grant the decree of divorce in which he will state that father will have the custody elder son Nishant Kumar, the parties also agree that the petitioner Shashi Rani will have the custody younger son Akash Kumar. (C) The parties have also agreed that Tarkeshwar Pandit will pay Rs. 500/-for the upkeep of his son Akash Kumar to the mother Shashi Rani. This condition should also form a part of the decree. (D) The parties also agreed that they will not make any financial demands on each other in future. However, it does not mean that the opposite party under no circumstances can help or contribute in the upbringing and upkeep to his younger son Akash kumar who is - 4 - living with his mother. The petitioner may also help and look after of her elder son Nishant Kumar. (E) The petitioner is also directed to hand over the documents with respect to the L. I. C. and Sahara papers belonging to the opposite party before grant of decree of divorce. (F) The parties also agreed that two sons Akash Kumar and Nishant Kumar may visit their respective parents. It is also agreed that the father that is Tarkeshwar Pandit may visit his younger son Akash Kumar and Akash Kumar would also be allowed to visit his father during his school vacations and likewise Nishant Kumar may also visit his mother during the School vacations. (G) The opposite party agrees that he will withdraw the Matrimonial Case No. 211 of 2007 pending before the Principal Judge, Family Court, Saran at Chapra. (H) All these aforesaid conditions should form a part of the decree so that no further litigations may arise out of these issues. This application is being disposed of with the consent of the parties and the counsels appearing on behalf of the parties on the above mentioned terms and conditions. - 5 - Let a copy of this order be sent by Fax to the Principal Judge, Family Court, Patna. U.K. (Sheema Ali Khan,J)