PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

Heard learned Counsel for the appellant and learned Counsel for the respondent.

2. The present memorandum of appeal has been preferred against the order dated 28.10.2016 passed by Principal Judge, Family Court, Jehanabad, in Miscellaneous Case No.32 of 2011 by which learned Trial Court has restored the two matrimonial cases after setting aside the order and decree dated 16.05.2008 and 22.05.2008 respectively passed by Principal Judge, Family Court, Jehanabad, in Matrimonial Case No.70 of 2007 as well as order and decree dated 10.12.2009 and 06.01.2010 respectively, passed by Principal Judge, Family Court, Jehanabad, in Divorce Case bearing Matrimonial Case No.31 of 2009.

3. Learned Counsel for the appellant submits that the appellant has filed Matrimonial Case No.70 of 2007 under Section 9 of the Hindu Marriage Act for restoration of conjugal life which was allowed in favour of the appellant vide order and decree dated 16.05.2008 and 22.05.2008 respectively, by which respondent was directed to live with the appellant, but she did not agree to live with the appellant. Thereafter, the appellant has filed Matrimonial Case No.31 of 2009 for grant of decree of divorce against the respondent on the ground of desertion which was allowed in his favour vide order and decree dated 10.12.2009 and 06.01.2010 respectively.

4. Learned Counsel for the appellant further submits that after waiting period of appeal the appellant solemnized marriage with one Sweta Kumari on 07.10.2010 and now the appellant has two children, one son and one daughter with Sweta Kumari. He further submits that after marriage of appellant with Sweta Kumari the respondent (Divorcee) filed a Misc. Case No.32 of 2011 on 07.09.2011 for setting aside the orders and decrees passed in Matrimonial Case No.70 of 2007 (for restitution) and Matrimonial Case No.31 of 2009 (divorce case) which was allowed vide order dated 28.10.2016 which is the impugned order in the present appeal.

5. Learned Counsel for the appellant further submits that in addition to these cases, respondent has also filed Complaint Case No.65 of 2011 before the S.D.J.M., Arwal. Learned Counsel for the appellant submits that in the present Misc. Appeal vide order dated 02.03.2017 ad interim stay was granted in his favour vide order dated 02.03.2017, by which the order dated 28.10.2016 passed in Misc. Case No.32 of 2011 was stayed. He further submits that litigation between the parties was further carried in Criminal Revision No.1238 of 2016 in which vide order dated 15.03.2023 passed by this Hon'ble Court, all disputes were settled upon one time payment of Rs.17,00,000/- (rupees seventeen lakhs) by the petitioner of Criminal Revision (present appellant) to O.P. No.2 of the said Criminal Revision (present respondent). He has placed web copy of the said order before this Court. The operative part of the order states as follows:

"Learned counsel for the petitioner submits that in compliance of order dated 14.03.2023, a counter-affidavit has been filed by O.P. No.2 by which it transpires that she is agreed to settle all the disputes in one time upon payment of Rs. 17 lacs from the petitioner. In the affidavit, it has been categorically mentioned that the said amount be transferred in the saving account of O.P. No.2 bearing Account No. 37707852075 of SBI, Sipara Branch, Patna.

It has also been accepted by O.P. No.2 that she will do all the needful to close Complaint Case No. 65 of 2011 and the Misc. Case No. 32 of 2011 pending before the court of learned S.D.J.M., Arwal and learned Principal Judge, Family Court, Jehanabad.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MiMxMzc0IzIwMTYjMSNO-7QLnzWEj--am1--Qk=

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