Santosh Kumar Sahoo vs Maheswata Sahoo

Mr. Mishra, learned advocate appears on behalf of appellant-husband. He submits, his client preferred the appeal against judgment dated  11th March, 2022 of the family Court dismissing his client's petition for dissolution of marriage. During pendency of the appeal parties  went for mediation.  They have been able to resolve their differences regarding the marriage. ₹11,50,000/- has been agreed by them  to  be  the  permanent  alimony  for  dissolution  of marriage. ₹2,00,000/- has already been paid  for withdrawal of a proceeding in this Court. The balance ₹9,50,000/- has been agreed to be paid to respondent-wife on decree for divorce  granted and withdrawal  of the domestic violence case. He hands up demand draft no.948953 dated 3rd  October, 2023   issued  by  State  Bank  of India  in  favour  of respondent-wife for ₹9,50,000/-.

Ms. Pattnaik, learned advocate appears on behalf  of respondent-wife and hands up application made in CP no.60 of 2019 pending in the Court of Sub-Divisional Judicial Magistrate, Dhenkanal praying for withdrawal of the case. She serves copy on Mr. Mishra.

Parties, to give effect to their settlement, must approach the family Court by proceeding duly instituted under section 13-B  in Hindu Marriage Act, 1955. They then can make second motion for waiver of the statutory period. This will take some time, during which validity  of the  instrument  will  expire.  In  the  circumstances,  the demand draft is returned to Mr.  Mishra for being revalidated.  To obtain revalidation appellant-husband has liberty to produce our order before the bank.

List under heading 'for orders’ on 20 December, 2023, to tender revalidated  instrument.  In the  meantime parties  may make ready joint petition for mutual divorce.

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