Patna High Court
Alok RanjanversusMinu Jha
- Decided
- Disposal
- ALLOWED
Holding
The court granted dissolution of marriage under Section 13B, set aside the earlier Family Court decree, and ordered the withdrawal of all pending cases in accordance with the settlement agreement.
Summary
The husband Alok Ranjan and wife Minu Jha appeared before the Patna High Court and jointly filed a petition for dissolution of marriage under Section 13B of the Hindu Marriage Act, based on a settlement agreement dated 08.01.2026. The agreement stipulated that the husband would pay Rs. 65,00,000 to the wife, withdraw all pending civil and criminal cases against each other, and refrain from remarrying until the settlement is complied with. The court verified that the payment was made through demand drafts and that the parties had mutually consented to the dissolution. Accordingly, the court ordered a decree of divorce under Section 13B, directed the withdrawal of the listed cases, and set aside the earlier decree passed by the Family Court in 2023. The appeal was allowed, and the parties were directed to comply with the terms of the settlement.
Issues considered
- Whether a joint petition for dissolution of marriage under Section 13B can be granted on the basis of a settlement agreement and payment of consideration.
- Whether the earlier decree passed by the Family Court should be set aside in view of the mutual consent and settlement.
- Whether the parties are required to withdraw all pending civil and criminal proceedings as part of the settlement.
Legislation cited
- Hindu Marriage Act — s. 13B
- Indian Penal Code — s. 323, 34, 498A, 504, 506
Subjects
- dissolution of marriage
- mutual consent
- Section 13B
- settlement agreement
- withdrawal of cases
- set aside decree
- Hindu Marriage Act
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.710 of 2023
======================================================
Alok Ranjan S/o Sunil Chandra Mishra R/o Anand Kutir Veena Kunj, P.O and
P.S.- Madhuban, Dist- Madhubani, Bihar-847211
... ... Appellant/s
Versus
Minu Jha D/o Hirendra Kumar Jha R/o Pubai Tol Koilakh, P.O- Koilakh, P.S-
Rajnagar, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Deo Prakash Singh, Advocate
For the Respondent/s : Mr. Sandeep Jha, Advocate
Mrs. Pratima Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
25 26-02-2026 The learned Advocates for the appellant and the
Respondents are present.
2. The appellant is physically present and the
respondent is also physically present with her father.
3. In view of conciliated efforts, the parties agreed to
settle their matrimonial dispute amicably and accordingly, they
have filed joint petition for dissolution of marriage under
Section 13B of the Hindu Marriage Act.
4. We have personally interrogated both the appellant
and the respondent, they have stated that as a result of mutual
differences, unavailability and also due to the effect that they are
living separately for long period of time, they have mutually
Patna High Court MA No.710 of 2023(25) dt.26-02-2026
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agreed to dissolve their marital ties on the following terms and
conditions as per the settlement agreement filed on 08.01.2026.
5. Clause 15(A) to 15(F), 17 & 18 of the agreement
are quoted below:-
“A) Both the parties hereto have arrived
at an amicable settlement for dissolution of
marriage by mutual consent.
B) That the Appellant/Husband agreed
to pay Rs. 65,00,000/- (Rupees Sixty-Five Lakhs
Only) within 3 months in the Hon'ble Court to the
Respondent/wife through DD payable in favour of
the Respondent/Wife and this consolidated cost
settlement amount shall be inclusive of the cost of
jewelleries 70 gms (approx) and there shall not be
any other payment except this mutually agreed
settlement amount.
C) That the parties have agreed to
withdraw the cases filed against each other within
four weeks after the Final hearing of the
respective matters citing the Permanent
Settlement order between them as per the details
of cases filed by the parties against each other
provided in para 6 of this settlement above.
D) That the Respondent/Wife and
Appellant/Husband hereto confirm and declare
that they have, voluntarily and of their own free
will decided not to live together as wife and
husband.
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E) That the parties shall not be at liberty
to remarry till the compliance of this Deed of
Permanent Settlement between them.
F) That the Respondent/Wife shall be
obligated to withdraw entire civil and criminal
cases filed against the Appellant/Husband before
the final installment payment to her by the
Appellant/Husband as compliance of Deed of
Permanent Settlement.”
…………..
17. In view of the terms of this
settlement-agreement, both the parties herein
undertake to withdraw all the pending cases
against each other before any court of law or any
other forum and would take all necessary steps for
the same forthwith.
18. Both the parties undertake that
henceforth, they would not interfere in the life of
each other by any means and would not file any
civil or criminal complaint or any case against
each other or their family members with regard to
the present matrimonial alliance hereinafter.
6. It is also recorded that today the appellant through
his learned Advocate paid a sum of Rs.65,00,000/- only (Rupees
Sixty Five Lacs only) through four numbers of Demand Drafts.
The respondent/wife has accepted the same. Photostat copies of
the Demand Draft is filed with the record by way of a
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supplementary affidavit.
7. In view of Clause-17 of the agreement, the parties
shall withdraw the following cases :-
“i)FIR No. 59/2016 at Mahila P.S.
Darbhanga, dated 06/07/2016 u/s 323, 498A, 504,
506 and 34 of IPC.
ii) Matrimonial (Restitution) Case No.
183/2016, in the Court of the Principal Judge,
Family Court, Darbhanga on 21/09/2016.
iii) Maintenance Case No. 160/2016, in
the Court of the Principal Judge, Family Court,
Darbhanga on 19/10/2016.
iv) Cr. Misc Case No. 81983/2024,
dated 26/10/2024 in the High Court of Judicature
at Patna for cancellation of bail of the
Appellant/Husband.”
8. Since all the relevant terms and conditions are
recorded in the order itself, it is not necessary to treat the
agreement as a part of the order.
9. Decree be drawn up under Section 13B of the
Hindu Marriage Act in terms of this order.
10. In view of order being passed, the order passed by
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the Trial Court in Matrimonial Case No.25 of 2016 vide
judgment dated 08.09.2023 and decree dated 14.09.2023
respectively, passed by learned Principal Judge, Family Court,
Madhubani be set aside.
(Bibek Chaudhuri, J)
( Dr. Anshuman, J)
mdrashid/-
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