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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

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.
Patna High Court MA No.710 of 2023(25) dt.26-02-2026
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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
Patna High Court MA No.710 of 2023(25) dt.26-02-2026
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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
             Patna High Court MA No.710 of 2023(25) dt.26-02-2026
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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/-

U


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