AI Structured Summary
Not yet generated for this judgment
Judgment
Under order dated 27.11.2017 the matter was referred to Member Secretary, JHALSA, Ranchi for mediation between the parties and to
submit report on or before 11.01.2018.
Perused the report of Ruby Pandey and P.N.Singh, learned Mediator dated 09.01.2018, which reveals that parties have settled their dispute
amicably and they have entered into an agreement as arrived between them on the terms as follows :
According to the agreement petitioner has agreed to pay Rs. 32,00,000/-as permanent alimony to O.P.No.2- Avneet Kaur and his daughter-
Jasnoor Kaur. Out of which a cheque of Rs. 20 lacs being cheque no.556234 dated 15.05.2018 has already been given by the petitioner which
was received by the O.P. No.2.
1.Further, it has been agreed that within 15 days from the date of this agreement, they will file a petition under sction 13Bof the Hindu Marriage
Act before the Principal Judge, Family Court, Jamshedpur for dissolution of their marriage.
2.Further, both the parties have agreement to appear before the Principal Judge, Family Court, Jamshedpur on 29.01.2018 and they shall file a
petition under section 13B of the Hindu Marriage Act.
3.Further, it has been agreed that petitioner will pay Rs. 4 lacs to O.P.No.2 by way of cost of missing gold ornaments and for that petitioner has
issued a post-dated cheque to be presented on 15.05.2018.
Further, on 02.01.2018 the petitioner has handed over the Diamod and Gold jewellery, as mentioned in para-8 of the said agreement arrived
between the parties, which have been received by O.P. No.2.
Further , on 06.01.2018, petitioner has dispatched the different articles, such as, Samsung Fridge, Washing Machine, LED TV,Air Conditioner,
Dinner set, Mixer Grinder, Non stick cookware set, Sofa set, Bed, Wardrobe, Dressing Table etc. from Ludhiana to Jamshedpur which have been
received by O.P.No.2.
Further, on 02..2018, the O.P. No.2 has handed over the Gold Diamond Ring of the petitioner to the father of the petitioner.
Further, Clause-14 of the Agreement is modified to the extent that the remaining amount of Rs. 12 lacs will be paid by the petitioner to the
O.P.No.2 before the Principal Judge, Family Court, Jamshedpur on the date on which final judgment/ decree of divorce for dissolution of marriage
will be passed. The Principal Judge will sign the decree of divorce after ensuring that petitioner is ready to pay Rs.12 lacs either by way of Bank
Draft or by Cheue to O.P.No.2.
Further, Clause-14 of the agreement is also modified to the extent that parties have agreed to file Cr.M.P. before this Court, annexing the copy
of the agreement arrived between them, for quashing the entire criminal proceeding in connection with Sitaramdera P.S. case no.213 dated
17.12.2016 registered under section 498/406 of the I.P.C. and section 3/4 of the Dowry Prohibition Act, pending in the court of JM, Ist Class,
Jamshedpur.
Although, the aforesaid Cr. M.P. will be filed before the Summer Vacation, but it will be listed after Summer Vacation, when the Court will
reopen i.e. 11.06.2018 before the Appropriate Bench.
With the aforesaid modification in the agreement arrived between the parties, the above named petitioner is directed to surrender in the Court
below on or before 29.01.2018 and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner is directed to
be released on Provisional Bail till 18.06.2018, on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen thousand) with two sureties of the like amount
each to the satisfaction of J.M.Ist Class, Jamshedpur in Sitaramdera P.S. case no.213/2016, corresponding to G.R. No.3683/2016, subject to the
condition as laid down under section 438(2) Cr.P.C.
List this case on 17.05.2018. On that date, both the parties are directed to remain physically present before this court and they will inform as to
whether Bank Draft/ Cheque given by the petitioner to O.P. No.2 has been honoured or not, so that final order may be passed.
Let the original copy of the agreement arrived between the parties alongwith the copy of this order be sent to the court below to be kept on
record after keeping the Xerox copy of the agreement in present file.
Let a Xerox copy of the agreement alongwith the copy of this order be sent to Principal Judge, Family Court, Jamshedpur.