Dulal Chandra Das vs Madhumita Das

Learned counsel Mr. Abdul Kalam Rashidi for the appellant husband and Mr. Suraj Singh for the respondent wife are present through Video Conferencing.

Appellant has preferred this appeal being aggrieved by the judgment and decree of divorce dated 12.03.2019 and 18.03.2019 passed in Original Suit No. 41 of 2018 by the court of learned Principal Judge, Family Court, Dumka. Mediation has proved to be successful as per the report of the learned Mediator, DLSA, Dumka enclosed with letter no. 739 dated 18.06.2020, of the Principal District & Sessions Judge cum Chairman, DLSA, Dumka communicated by the Member Secretary, JHALSA, Ranchi vide letter dated 29.06.2020 bearing no. 789 at Flag-X. As per the terms of the settlement, parties have agreed to end all pending disputes between them on payment of lump sum amount of Rs.50,000/- as permanent alimony and on return of certain utensils etc. by the appellant as per the list of items indicated in the settlement itself. Parties have also agreed upon visitation rights in favour of the appellant. They have agreed that appellant father would visit their daughter once in three months.

Learned counsel for the appellant submits that appellant is ready and willing to abide by the terms of the settlement. A firm date may be indicated so that amount of Rs.50,000/- be paid by way of demand draft to her and the utensils, as per the list be also returned to her.

Learned counsel for the respondent is on the same page with the appellant's counsel.

Upon hearing learned counsel for the parties and in the light of the development that have taken place during the pendency of this appeal, we do not find any purpose to enter into adjudication of the dispute on merits.

Parties have voluntarily and in a very responsible manner chosen to put an end to their matrimonial dispute and thereby separate without any acrimony and bitterness, as per the agreed terms. As such, appellant would comply with the terms of the settlement by making payment of Rs.50,0000/- by way of demand draft and also return the utensils as per the list contained in the settlement to the respondent wife on or before 01.10.2020.

In order to facilitate the handing over of the demand draft and the utensils, learned counsel for the parties have proposed that parties should be asked to appear before the Secretary, DLSA , Dumka on 01.10.2020. We accept their request and accordingly direct the parties to appear before the Secretary, DLSA, Dumka on 01.10.2020 for facilitating this exercise as per the terms of the settlement.

The appeal is disposed of in terms of the settlement. Decree accordingly. The terms of the settlement should be part of the decree. Let the order of communicated to the learned Family Court, Dumka and the Secretary, DLSA, Dumka forthwith.