Loknath Dhal vs Jyostnamayee Nayak @ Dhal

Mr. Mohapatra, learned advocate appears on behalf of appellant-husband and Mr. Mishra, learned advocate for respondent-wife. Submission at the Bar is, by intervention of this Court parties were able to settle their differences and during pendency of the appeal, had applied for divorce on mutual consent under section 13-B in Hindu Marriage Act, 1955. Mr. Mohapatra files memo dated 29th February, 2024 enclosing certified copy of judgment dated 5th February, 2024 granting divorce by mutual consent on permanent alimony to be paid by appellant-husband to respondent-wife of ₹24 lakhs. Mr. Mohapatra submits further, demand draft no.068612 dated 17th January, 2024 issued by State Bank of India in favour of respondent-wife for ₹24 lakhs was tendered to this Court on 17th January, 2024.

The parties on having agreed to part ways by obtaining divorce on mutual consent and there being aforesaid judgment decreeing it, respondent-wife is entitled to the agreed sum to be paid to her by appellant-husband as permanent alimony. Mr. Mishra submits, his client is present in Court and has authorized him to accept the draft, to be given to her. Mr. Mishra and his client put their signatures on photocopy of the draft in acknowledgement of receipt to be due execution, satisfaction and discharge of said judgment and decree dated 5th February, 2024. Further joint submission at the Bar is that respondent-wife will withdraw her complaint for dropping of the criminal case pending against appellant-husband under section 498-A in Indian Penal Code, 1860. For the purpose parties have liberty to produce website copy of our order before the criminal Court.

In view of aforesaid nothing remains to be adjudicated in the appeal. It is disposed of.

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