MISC. APPEAL No.692 OF 2009 RAGHVENDRA JHA, SON OF SHRI GUNANAND JHA, RESIDENT OF VILLAGE-BARAIL, P.S. –BABUBARHI, DISTRICT-MADHUBANI ………. APPLICANT/APPELLANT Versus 1. BINDU DEVI, WIFE OF SHRI RAGHVENDRA JHA, AND DAUGHTER OF FEKAN JHA @ GURUJEE RESIDENT OF VILLAGE-GHOGHARDIHA, P.S.- PHULPARAS, DISTRICT- MADHUBANI. …………….. RESPONDENT Ist PARTY 2. SUNIL CHOUDHARY, SON OF NOT KNOWN, RESIDENT OF VILLAGE-PANCHOBH, P.S. –LAHERIASARAI, DISTRICT- DARBHANGA, PRESENTLY WORKING AS OFFICE ASSISTANT IN BIHAR SANSKRIT SHIKSHA BOARD, PATNA ……… RESPONDENT 2ND PARTY. P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA Shiva Kirti Singh, Hemant Kumar Srivastava,JJ. Heard the parties. 2. A joint petition of compromise supported by an affidavit of both the parties has been filed today in court. As per terms of compromise, the appellant has handed over in court a demand draft for Rs 7.5 lacs to the respondent Bindu Jha who is present in court and has been identified by her lawyer. It is agreed that a further payment of Rs 7.5 lacs through demand draft shall be made to the respondent 2 within three months from today. The respondent or her counsel as both are present should grant a receipt for the aforesaid demand draft of Rs 7.5 lacs to learned counsel for the appellant in course of the day. 3. There are other terms and conditions in the compromise petition and hence, Paragraphs 1 to 7 of the compromise petition are extracted hereinbelow so that they may form a part of this order. Those paragraphs are read as follows: “ 1. That due to intervention of well wishers and friends of the Appellant and Respondent both parties agree to compromise this Appeal on the terms and condition given in the following Paragraphs. 2. That the marriage between the Appellant and Respondent has miserably failed and both parties have agreed to dissolve the marriage by passing a Decree of Divorce and appellant is ready to pay alimony to Respondent to the tune of 15 (fifteen) lacs only by way of one time settlement. 3. That it is relevant to state here that the appellant is ready to pay Rs 15,00,000/- (Rupees Fifteen lacs) to the Respondent namely Bindu Jha in her Bank Account No. 1828922508 Central Bank of India, Branch Patliputra Colony, Patna, in two equally installments in three months time from the date of 1st payment and the said amount will be fixed deposited in the name of Respondent, Bindu Devi @ Bindu Jha and 3 the Bindu Devi, Respondent will be entitled to take interest for the fixed deposited amount for her maintenance and livelihood and this money will be treated as permanent alimony to the Respondent. However, the said amount can also be withdrawn by the Respondent, if she will be in urgent need of money either in purchasing of house/land/flat or any urgent work including her treatment in case of her illness. 4. That the Respodnent, Bindu Devi will not be entitled the maintenance in view of the order dated 29.05.2010 passed in Principal Judge, Family Court, Madhubani in M. R. No. 85/2009 after the compromise Decree passed by this Hon’ble Court. However the appellant shall pay the maintenance allowances till the decree of Divorce is passed in the court in terms of the present compromise petition. 5. That the Respondent will not prefer a Revision in the Higher Court against the order of acquittal dated 30.8.2010 passed by IIIrd Additional Session Judge, Madhubani in Criminal Appeal No. 19/2007 which was the case U/S 498(A) I.P.C. 6. That it has been resolved that the Respondent, Bindu Devi will withdraw and shall not prosecute M.R. No. 76/2009 pending before Principal Judge, Family Court, Madhubani. 7. That it has been also resolved that neither the appellant nor the Respondent 4 will bring any suit against each other in future”. 4. In view of the aforesaid terms, the appeal stands disposed of by allowing prayer of the appellant for divorce on the basis of consent of both the parties. The order under appeal dated 20th December, 2007 passed in Matrimonial Case No. 16 of 1998 by the Principal Judge, Family Court, Madhubani stands modified accordingly. 5. There shall be no order as to costs. 6. With consent of the parties, this matter should be listed again under the heading for orders only to ensure that the balance amount of Rs 7.5 lacs is paid to the respondent-opposite party through a demand draft preferably in person. 7. As agreed by the parties, the matter should be listed for orders on 21st December, 2010. 8. It goes without saying that parties will abide by terms and conditions mentioned in compromise petition. Patna High Court, The 30th day of September, 2010 NAFR/AKV/- (Shiva Kirti Singh,J.) ( Hemant Kumar Srivastava, J.)