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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

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
                  ======================================================
                  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
                                            2/3




          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
                                                        3/3




                                   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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