IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39300 of 2007 MOHAMMAD CHUNNOO BABOO @ ZIYA IQBAL Versus STATE OF BIHAR ----------- 10. 5.5.2008. Heard the learned counsel for the petitioner, counsel for the informant and counsel appearing on behalf of the State. The petitioner Mohammad Chunnoo Baboo alias Ziya Iqbal filed an application for bail in connection with Sultanganj P.S.Case No.521 of 2006. The grounds for grant of bail is that the girl had shown to him during negotiation for the marriage was different to the girl with whom the marriage had taken place. The marriage took place on 11.11.2006 and the reception took place on 15.11.2006. Immediately after, Era Fatima alias Moni got married, the problem began as the petitioner refused to have any sort of relationship with his newly wedded wife. Era Fatima returned with her family to her parents house on 16.11.2006. While hearing the bail application the counsel for Era Fatima was also appeared and submitted that Era Fatima is willing to live with her husband, and as such, this Court had granted provisional bail to Mohammad Chunnoo Baboo alias Ziya Iqbal, which is being confirmed by this order. The parties were asked to be present in the Court on 3.10.2007. However, the petitioner expressed his inability to accept Era Fatima as his wife. This Court granted adjournment and thereafter the parties appeared on several dates. However, they could not come - 2 - to an amicable solution. The father of Era Fatima and the sister of the petitioner were also present in Chambers but the matter could not be resolved. During the discussions between the parties, the guardians and their counsels it was agreed that the marriage should be dissolved as the marriage had not been consummated and because of the fact that the petitioner was not inclined to accept Era Fatima as his wife. Both the parties have filed an affidavit stating therein that they are ready to dissolve the marriage and the petitioner is ready to return all the items that was gifted to the girl at the time of the marriage including a Hero Honda Motor Cycle. The petitioner is also prepared to pay ‘Din Mehar’ and Rs.25,000/- and the maintenance during the period of ‘Iddat’ which would amount to Rs.5,000/- at the time of the dissolution of the marriage. The petitioner is also willing to pay Rs.1,50,000/-to Era Fatima by way of one time settlement. I may mention here that Era Fatima and her guardian have accepted this proposition and have filed an affidavit to that effect in this Court. Since both the parties have agreed to dissolve the marriage on the ground that the marriage has not been consummated and on the ground that the differences between the parties are deep rooted. This Court directs that the petitioner and Era Fatima should file a joint application for divorce for granting decree of divorce . The petitioner should pay Dain Mehar and the maintenance amount for the period of ‘Iddat’ as mentioned above and also pay Rs. - 3 - 1,50,000/- within a period of four months. The Special Court i.e.,the Court at Patna should grant decree of divorce within a period of four months from the date of filing of the joint application of divorce. In the decree granting divorce, the Court below should mention the amount that has been deposited by the petitioner in favour of Era Fatima. The aforesaid order has been passed with the consent of the parties, their guardians as well as the counsel appearing on behalf of the petitioner and Era Fatima. The parties should file the joint petition within two months on receipt of this order and the Family Court, Patna shall dispose of the divorce application within a period of four months on receipt of the application for divorce. The bail application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)