Tanushri Gond vs Raushan Prasad Gond

Mr. Shravan Kumar for the petitioner and Mr. Ranjan Kumar for the opposite party are present through Video Conferencing.

Petitioner has sought transfer of Original Suit No. 265/2018 instituted by the opposite party-husband under section 9 of Hindu Marriage Act for restitution of conjugal rights from the Court of learned Principal Judge, Family Court, Giridih to the Court of learned Principal Judge, Family Court, Jamshedpur.

During pendency of this proceeding, parties on being referred to JHALSA for mediation have been able to arrive at an amicable settlement. Learned counsels for both parties submit that the instant petition can be disposed of in the light of the terms and conditions contained in the settlement arrived at during the mediation proceedings. Report of learned Mediator, JHALSA at Flag-'B' bearing letter no. 958 dated 04.08.2020 incorporates the terms and conditions agreed between the parties under the signature, which are being reproduced hereunder:

" In course of mediation, both parties agreed mutually to annul their marriage, go their separate ways and to put an end to all legal disputes as per the terms and conditions below:

That Raushan Prasad Gond, respondent husband/opposite party, agrees to pay a total sum of Rs. 3,00,000 (Rupees Three Lakhs Only) as under:

a) Rs. 3,00,000 (Rupees Three Lakhs Only) by way of a cumulative fixed deposit in favour of Sachi Gond, daughter of Tanushri Gond, petitioner and Raushan Prasad Gond, respondent husband/opposite party. The fixed deposit is to be made at any nationalised/scheduled bank for a period of 8 years. Sachi Gond, daughter, is currently studying in Class IV in a school in Jamshedpur and the parties agree that this sum of Rs. 3,00,000 along with applicable interest, be available to her to enable her to pursue higher education of her choice after she passes her Class XII board examination.

b) That the parties agree that Raushan Prasad Gond, respondent husband/opposite party, shall deposit the cumulative fixed deposit receipt of Rs. 3,00,000 (Rupees Three Lakhs Only) favouring Sachi Gond, daughter of Tanushri Gond, petitioner wife and Raushan Prasad Gond, respondent husband/opposite party, before the Hon'ble High Court, on the next date of hearing scheduled for 14.08.2020.

That the parties agree that opposite party depending on his means, would also bear a portion of the expenses of higher education and marriage of their daughter in future.

That the parties agree that the custody of their daughter, Sachi Gond remains with Tanushri Gond, petitioner wife. The parties further agree that Raushan Prasad Gond, respondent husband/opposite party shall have the rights to visit his daughter at suitable intervals, in consultation with Tanshushri Gond, petitioner wife.

That the parties jointly agree to withdraw all cases filed by them before the Court of law in the State or anywhere else in the country. The parties further agree that they shall not resort to any litigation in future and would resolve all differences through mutual dialogue."

It appears that parties have agreed to resolve their dispute on certain conditions. In those circumstances, and in view of the submissions of learned counsel for the parties, no useful purpose would be served to decide this case on merits as regards transfer of the Original Suit No. 265/2018 from the Court of learned Principal Judge, Family Court, Giridih to the Court of learned Principal Judge, Family Court, Jamshedpur. Accordingly, the instant petition is disposed of with the expectation and hope that the parties would abide by the terms and conditions of their compromise.