Patna High Court
Madhu DeviversusRabindra Sharma
- Decided
- Disposal
- DISPOSED
Holding
The court held that the marriage may be dissolved by a decree of divorce on the ground of desertion and the compromise petition, including the alimony terms, is made part of the decree.
Summary
The parties filed an application under Order 23 Rule 3 read with Section 151 of the CPC seeking an amicable settlement and divorce on the ground of desertion. Both parties agreed that the marriage would be dissolved and the husband would pay a total of Rs. 5 lakhs as permanent alimony, with an initial payment of Rs. 2 lakhs to be made immediately and the balance in two installments. The court examined the settlement, found it lawful, and ordered a decree of divorce on the ground of desertion, incorporating the compromise petition into the decree. The husband was directed to pay the first installment of Rs. 2 lakhs forthwith, and the bank transaction receipt was placed on record. The parties were instructed to comply with the remaining payment schedule as part of the decree.
Issues considered
- Whether a decree of divorce on the ground of desertion can be granted by compromise under Order 23 Rule 3 of the CPC
- Whether the alimony settlement can be made a part of the divorce decree
Legislation cited
- Code of Civil Procedure — s. 151, Order 23 Rule 3
Subjects
- divorce
- desertion
- compromise
- matrimonial settlement
- alimony
- Order 23 Rule 3
- Section 151 CPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.386 of 2024
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Madhu Devi, Daughter of Ramesh Sharma, Wife of Rabindra Sharma,
Resident of Village- Naya Bhojpur, (Pakwa-Inar) Near of Kabaddi Shop, P.S.-
Dumraon, District- Buxar.
... ... Appellant/s
Versus
Rabindra Sharma Son of Hirdayanand Sharma, Resident of Village- Akalupur
Dera, Post- Haryana Firm, P.S.- Dumraon, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Dimpal Kumari, Advocate
For the Respondent/s : Mr. Sanjay Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
12 17-04-2026 Heard the parties.
2. This is an application under Order 23 Rule 3
read with Section 151 of the Code of Civil Procedure,
filed jointly by the appellant and the respondent praying
for amicable settlement on compromise of Matrimonial
Appeal No. 386 of 2024.
3. We have perused the grounds of settlement.
The grounds are lawful. The parties have agreed to
dissolve their marital ties on the ground of desertion. It
is also agreed by both the parties that on dissolution of
marriage on the ground of desertion, which both parties
Patna High Court MA No.386 of 2024(12) dt.17-04-2026
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have agreed to exist and husband/respondent shall pay
sum of Rs. 5 lakhs towards full and final settlement of
permanent alimony, first installment of which
amounting to Rs. 2 lakhs shall be paid by the
respondent/husband to the wife through demand draft
on the date of passing of final order on compromise and
the rest amount of Rs. 3 lakhs shall be paid under two
equal installments of Rs. 1.5 lakhs each within one
month from the date of the first payment and two
months, thereafter, from the date of the second
installment.
4. In view of such circumstances, the marriage
between the appellant and the respondent be dissolved
by a decree of divorce on the ground of desertion.
5. The compromise petition be made part of the
decree. The husband/respondent is directed to make
payment of Rs. 2 lakhs forthwith.
6. The respondent has filed a photostat copy of
the bank transaction, showing transfer of a sum of Rs. 2
lakhs in the name of appellant/wife.
Patna High Court MA No.386 of 2024(12) dt.17-04-2026
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7. The photostat copy of the bank transaction
be kept with the record.
8. Paries are directed to abide by their
respective terms and conditions of the compromise
petition.
9. The above settlement is subject to payment
of the rest amount as per the settlement, which is the
part of the decree.
(Bibek Chaudhuri, J)
(Chandra Shekhar Jha, J)
veena/s.tripathi-
U
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