2026:JHHC:21754-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No.176 of 2025 ------ Birendra Kumar Singh, aged about 32 years, Son of Mahesh Prasad Singh, Resident of Quarter Number 58, Street 8, B.S.L., L.H., P.O. Siwandih, P.S. and District Bokaro Steel City, Jharkhand …. …. Appellant Versus Supriya Rani, Wife of Birendra Kumar Singh, Daughter of Ashok Prasad Singh, Resident of Village Babhandih, P.O. & P.S. Imamganj, District Gaya, Bihar ..... .... Respondent CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------ For the Appellant : Mr. Vishal Kr. Tiwary, Advocate Md. Imran Beig, Advocate Mr. Manjeet Kr. Choudhary, Adv. Ms. Rishika Deogharia, Adv. For the Respondent : Mr. Anurag Kashyap, Advocate ------ 17/Dated: 23.07.2026 1. It has been submitted by the learned counsel for the appellant that the supplementary affidavit has been on 20.07.2026. 2. Mr. Anurag Kashyap, learned counsel appearing for the respondent has submitted that the affidavit could not have been filed but he is having with the affidavit as such, leave has been sought for to accept the same. 3. He has submitted that the copy of the affidavit has already been served to the learned counsel for the appellant. 4. Let the said affidavits be taken on record. 5. The instant appeal has been preferred under Section 19(1) of the Family Courts Act, 1984 against the judgment dated 08.12.2022 and decree dated 14.12.2022 passed in Original Suit No.297 of 2020 by the appellant husband seeking dissolution of marriage solemnized on 13.06.2019. 2026:JHHC:21754-DB 2 6. The respondent had appeared in pursuant to the notice issued by this Court vide order dated 21.11.2025. 7. The parties had appeared before this Court, as has been taken note in the order dated 27.01.2026 and the appellant husband has submitted that he is not ready for re-union, rather, he has shown his willingness to settle the issue in terms of money. 8. The respondent-wife is also present. Although, she has shown her willingness to live together to lead further marital life with the appellant. 9. But, the appellant husband since was not ready for re-union, as such, he has agreed to settle the issue in terms of money, for ready reference, the order dated 27.01.2026 is being referred as under: - “1. Mr. Vishal Kr. Tiwary, learned counsel for the appellant-husband has submitted that he intends to handover the Demand Draft of Rs.21,000/-, which is to be paid in favour of the respondent-wife by way of litigation cost to Mr. A.K. Kashyap, learned counsel for the respondent-wife, for its onward transmission. 2. The photo-copy of the Demand Draft has been placed. 3. Let the same be taken on record. 4. The Demand Draft to the tune of Rs.21,000/- has been handed over to the respondent, namely, Supriya Rani by Mr. A.K. Kashyap, learned counsel for the respondent-wife. 5. The Demand Draft has been received by the respondent, namely, Supriya Rani, who is present in the Court and given its endorsement of receipt. 6. The appellant-husband, is working in the Rank of Corporal in the Indian Air Force and at present working as Medical Assistant under the Indian Air Force at Kanpur. 7. Learned counsel for the appellant-husband has submitted that he is not ready for reunion, rather, he is ready to settle the issue in terms of money. 2026:JHHC:21754-DB 3 8. The respondent, namely, Supriya Rani is present and as such, has submitted that although, she is willing to live together to lead further marital life with the appellant-husband but since, he is not ready, then, at least for her survival, lump sum amount is required in addition to the amount which has been paid by her father at the time of solemnization of marriage which is to the tune of Rs.30 lakhs, out of which, Rs.20 lakhs has been paid by way of account transfer and Rs.10 lakhs has been incurred in the purchase of articles which have been given at the time of her marriage. 9. She has further stated that now she is carrying out her study for the purpose of being independent but even then, she cannot be overburdened upon her father, since he is also now facing cardiac issue. 10. However, she has submitted that on the next date, she will apprise on the issue of said quantum . She has further submitted that if required, she will join the Court proceedings on the next date through virtual mode. 11. List this matter on 12.02.2026. 12. In the meanwhile, learned counsel for the appellant-husband is directed to file an affidavit showing the salary slip along with the statements of account and other movable and immovable properties on or before the next date of hearing for the purpose of passing further necessary order.” 10. In terms of the order dated 27.01.2026, the affidavits have been filed on behalf of the parties. 11. Finally, both the parties have agreed to part away from the conjugal life on payment of Rs.35 Lakhs as final settlement amount, as has been taken note by this Court vide order dated 01.04.2026, for the ready reference, order dated 01.04.2026 is being quoted as under: - “1. In course of deliberation, the appellant- husband has agreed to make payment of Rs.35 lakhs as a final settlement amount. 2. The same has been agreed by the respondent-wife. 3. Learned counsel for the respective parties 2026:JHHC:21754-DB 4 are directed to file affidavit to that effect. 4. List this matter on 08.04.2026.” 12. The amount, so agreed in between the parties, has been paid, which has been taken note in the order dated 08.06.2026, for ready reference, the order dated 08.06.2026 is being referred as under: - “1. It appears from the order dated 12th May, 2026 that the parties have agreed for settlement on making payment of Rs.35 lakhs as final settlement amount as taken note in the order dated 01.04.2026 passed in this proceeding. 2. A sum of Rs.15 lakhs has already been paid in favour of the respondent-wife by way of Demand Draft of Rs.15 lakhs, as taken note in the order dated 27th April, 2026. The remaining amount, i.e., Rs.20 lakhs, was to be paid today, i.e., on 08.06.2026, as taken note in the order dated 12th May, 2026. 3. The Demand Draft of Rs.20 lakhs bearing No.969251 has been handed over to Mr. Anurag Kashyap, learned counsel who handed it over to the respondent-wife, namely, Supriya Rani, who is present in the Court. She has given acknowledgement receipt thereof. 4. Let the acknowledgement receipt along with the photocopy of the Demand Draft be kept on record. 5. Mr. Vishal Kumar Tiwary, learned counsel appearing for the appellant-husband, has submitted that two issues are to be raised, i.e., the monthly maintenance amount of Rs.5,000/- which is being paid in pursuance to the order passed by the competent court may be recalled. 6. A serious objection to that effect has been made by Mr. Anurag Kashyap, learned counsel appearing for the respondent-wife, that such endeavour is to be taken before the original court who has passed the order of making payment of maintenance amount and not before the appellate court wherein the issue of monthly maintenance passed under Section 125 Cr.P.C. is not the subject matter. 2026:JHHC:21754-DB 5 7. This Court, having considered the argument advanced by the learned counsel for the respondent, is of the view that the contention is having substance which is also not being objected by Mr. Vishal Kumar Tiwary, learned counsel, therefore, it will not be proper for this Court to pass any order touching the issue of monthly maintenance amount which is not the subject matter of the present proceeding, rather, it would be just and proper for the appellant to raise the said issue before the original court for its consideration in accordance with law. 8. The second issue has been raised by Mr. Vishal Kumar Tiwary, learned counsel for the appellant, that 5 – 6 cases filed by the respondent are still pending against the appellant and till the closure of the said cases or its withdrawal, this matter be kept pending to which Mr. Anurag Kashyap has raised no objection. 9. Accordingly and with the consent of the parties, the matter is being adjourned to be listed on 09.07.2026.” 13. Both the parties have filed their respective affidavits admitting the fact about settlement in terms of money, as has been taken note in the order as quoted and referred hereinabove. 14. Both the parties have agreed that since terms of settlement has also been acted upon by making payment of Rs.35 Lakhs as also the respondent wife has also withdrawn all the cases filed by her against the appellant-husband and as such, now they are seeking prayer for decree of divorce by modifying the judgment impugned in this appeal. 15. Although, the learned trial Court has not found the element of cruelty and that is the reason, the decree of divorce has been refused to be granted but now both the parties have agreed to 2026:JHHC:21754-DB 6 part away from their conjugal life and ready to lead their independent life based upon the terms and conditions of payment of Rs.35 Lakhs by way of lumpsum settlement, as has been agreed by the appellant-husband and has been paid in favour of the respondent-wife. 16. In turn, the respondent-wife has also withdrawn all the cases filed against the appellant-husband. 17. Since, the parties on their own willingness, are now desiring to part away from the conjugal life, as such, the judgment dated 08.12.2022 and decree dated 14.12.2022 passed in Original Suit No.297 of 2020 by the learned Principal Judge, Family Court, Bokaro, as impugned in this appeal, needs to be modified by passing an order of decree of divorce and accordingly, modified. 18. Let the decree of divorce be prepared. 19. Accordingly, the instant appeal stands disposed of. 20. Pending interlocutory application, if any, also stands disposed of. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) 23.07.2026 Rohit/-N.A.F.R.