RANCHI, India, Nov. 25 -- Jharkhand High Court issued the following order on Oct. 29:

1. Heard the learned counsel for the parties.

2. The instant First Appeal filed under Section 19(1) of the Family Courts Act,1984 is directed against the judgment dated 08.02.2024 and decree dated 29.02.2024 passed by the learned Principal Judge, Family Court, Hazaribagh in Original Suit No. 43 of 2023 whereby and where under the suit preferred by the appellant for dissolution of marriage under Section 13(1)(i)(i-a) of the Hindu Marriage Act, 1955 has been dismissed.

3. The matter had been referred for mediation under "Special Mediation Drive- Mediation for the Nation" vide order dated 01.09.2025.

4. Thereafter, a letter has been received from the Secretary, High Court Legal Services Committee, Ranchi bearing letter no. 3655 dated 19.09.2025 enclosing the mediation report, which is available on record. 5. As per the said mediation report, the parties have agreed to settle their dispute on the basis of terms and conditions as referred in para no. 3, 4, and 5 of the mediation report submitted by the learned Mediator, which is referred hereinbelow:

3. After due deliberation, the amicable settlement emerged on the following terms and conditions: -

(I) Husband/appellant Santosh Kumar will return to the wife/respondent, the following: (a) Rs. 2,00,000/- (Rs. Two lakh only). (b) One bed (c) One refrigerator (d) One washing machine (e) One gold chain

(II) Wife/respondent will return to the husband/appellant the following: -

(a) One bracelet

(b) One locket

(c) One chain.

(III) Wife/respondent undertakes to withdraw/lift the 498A case filed against appellant/respondent and his relatives before receipt of the settlement amount and further undertakes that she has not filed any other case against the husband nor she will do so in the future.

(IV) Husband/appellant undertakes not to disturb, harass or contact the wife/respondent after divorce, whether through phone, messages, emails, or social media, and further undertakes not to visit her residence and not to use/misuse the photographs presented by him in the learned Court in any manner.

(V) Both parties agree that apart from the above, neither shall have any claim against the other regarding maintenance (past, present, or future), permanent alimony, stridhan, dowry, property, or any other demand.

4. That both the parties declare that this full and final settlement is entered into by their free will, and both parties shall abide by the terms and conditions of this agreement.

5. That both the parties further agreed to cooperate with each other and do all the acts required to give effect to the terms and conditions of this "Agreement of Settlement"

Hence the mediation is successful. The contents of this agreement of settlement have been read over and explained to both the parties and after being satisfied they have put in their respective signatures in presence of the Mediator.

This agreement is signed on this 17th day of September, 2025."

6. Learned counsel for the parties have submitted that in view of the said agreement arrived in between the parties in the mediation exercise, the appeal may be disposed of by granting liberty to the parties to make an application before the concerned Family Court under Section 13B of the Hindu Marriage Act, 1955.

7. It has been further submitted by learned counsel for the parties that the concerned learned Family Judge may be directed to dispose of the said application to be filed under Section 13B of the Hindu Marriage Act, 1955 independent to that of the judgment dated 08.02.2024 and decree dated 29.02.2024 passed by the learned Principal Judge, Family Court, Hazaribag in Original Suit No. 43 of 2023, which is impugned in the present first appeal

8. Having considered the aforesaid submissions of learned counsel for the parties and also the fact that mediation has been successful as per the agreement arrived at between the parties, the instant First Appeal is being disposed of by granting liberty to the parties i.e. appellant -husband and respondent-wife to make an application under Section 13B of the Hindu Marriage Act, 1955 before the concerned Family Court.

9. If such an application is made, the concerned Family Court shall pass an order as per the terms of the settlement arrived at between the parties in the mediation exercise without being prejudiced by the judgment dated 08.02.2024 and decree dated 29.02.2024 passed by the learned Principal Judge, Family Court, Hazaribagh in Original Suit No. 43 of 2023, which is impugned in the present appeal.

10. Accordingly, the instant First Appeal is disposed of.

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