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2026 DAILYLAW 25099 (JHR)

NAVNEET SURYAKANT CHATURBEDI v. NEETIPRIYA PANDEY

FA/208/2025 · 2026-08-31

Pradeep Kumar Srivastava, Sujit Narayan Prasad

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Judgment text

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[2026:JHHC:26289-DB] First Appeal No.208 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 208 of 2025 --------- Navneet Suryakant Chaturbedi, aged about 37 years, son of Sri Suryakant Chaturvedi, resident of Behind Pundag TOP, Krishna Nagar, Forest Road, Lane No.4, Opposite Jagannath Apartment, Gutuwa, .O.-Gutuwa, P.S. Nagri, District-Ranchi … … Appellant Versus Neetipriya Pandey, aged about 35 years, daughter of Mr. Naveen Pandey, wife of Dr. Navneet Suryakant Chaturbedi, resident of B 2104, Ghorbanddar Road, Jemini, Hiranand Meodows, Thane, P.O.-Thane, P.S-Chitalsar, Manpada, District-Thane, Maharashtra PIN-400501. Presently resident at Radha Raman, Tripathi, 503, Dhawagiri Tower, Kaushambi, Sahibabad, Ghaziabad, UP 201010 …. Respondent --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Appellant : Mr. Sameer Saurabh, Advocate Mrs. Preeti Kumari, Advocate Mrs. Divya, Advocate Ms. Isha Kaushik, Advocate For the Respondent : Mr. Gaurav Abhishek, Advocate Mr. Mohit Mukul, Advocate ----------- Dated: 31st August, 2026 Per; Sujit Narayan Prasad, J. 1. Heard learned counsel for the parties. 2. Mr. Sameer Saurabh, learned counsel for the appellant has submitted that in pursuance of the order dated 27.08.2026, although the affidavit was filed on 29.08.2026 by making statement which he has submitted before the Court having been taken note on 29.08.2026 along with two demand drafts of Rs.17 lakhs and Rs.10 lakhs bearing Nos.072493 and 190710 respectively and a cheque of Rs.18 lakhs. But subsequent thereto, an occasion has arisen to file another affidavit in view of the order dated 27.08.2026 wherein the entire amount of Rs.45 lakhs has been recorded to be paid by way of demand drafts. Hence, the entire amount was to be paid by the demand draft and as such, the reference of the amount referred by way of making the [2026:JHHC:26289-DB] First Appeal No.208 of 2025 payment through the cheque of amount of Rs.18 lakhs has also been converted to that of the demand draft, two in numbers. Therefore, another affidavit is ready but could not have been filed, therefore, the leave has been sought for from this Court to accept the said affidavit and it has also been submitted that the copy of the said affidavit has already been served upon the learned counsel appearing for the respondent. 3. Let the said affidavit be taken on record. 4. Mr. Gaurav Abhishek, learned counsel for the respondent has submitted that the affidavit in terms of the order dated 27.08.2026 has already been filed on behalf of the respondent on 29.08.2026. 5. This Court has perused the statement made in the affidavit filed on behalf of both the parties. 6. This court has gone through the affidavit filed on behalf of the appellant-husband wherein it has been stated at paragraph-3 that the that the parties since has settled the matrimonial dispute and the respondent has shown her willingness for dissolution of marriage, if the appellant will make payment of sum of Rs.45 lakhs as final settlement, then the matter can be resolved through compromise in terms of money. 7. The appellant has further stated in para-4 agreeing to pay Rs.45 lakhs to the respondent, as full and final settlement for dissolution of their marriage. 8. It has also been stated at paragraph-5 that the respondent had agreed, as on the court proceeding on 27.08.2026, for withdrawal of the criminal cases filed by her and her relatives against the appellant and his family members. 9. It has further been stated that the father of the appellant has prepared a demand draft of Rs.17 lakhs in the name of the respondent vide demand draft No.072493 dated 28.08.2026 issued by Punjab National Bank, Gutwa Branch, Ranchi and demand draft of Rs.10 lakhs bearing No.190710 dated 29.08.2026 issued by [2026:JHHC:26289-DB] First Appeal No.208 of 2025 State Bank of India, Kathal More Branch, Ranchi, total comes to Rs.27 lakhs. 10. It has been submitted that the demand draft for the remaining amount of Rs.18 lakhs has also been prepared by the father of the appellant in two separate demand drafts, one demand draft of Rs.10 lakhs vide demand draft No.190712 dated 31.08.2026 issued by State Bank of India, Kathal More Branch, Ranchi and the another demand draft amounting of Rs.8 lakhs vide demand draft No.072495 dated 31.08.2026 issued by Punjab National Bank, Gutwa Branch, Ranchi respectively. The photocopy of the demand drafts bearing Nos. 190712 and 072495 have been appended as Annexure-4 series. 11. The relevant paragraph(s) of the affidavit filed on behalf of the appellant dated 31.08.2026 is referred herein:- “Para 3- That the appellant in place of cheque of Rs.18 lakhs vide cheque No.54788 dated 29.08.2026 State Bank of India, Bhawnathpur Branch, Garhwa (Annexure-3 of the affidavit dated 29.08.2026 filed on 31.08.2026) has enclosed two Demand Drafts valued at Rs.10 lakhs and the other one at 8 lakhs respectively in favour of respondent(Neetipriya Pandey) vide Demand Draft No.190712 dated 31.08.2026 issued by State Bank of India, Kathal More Branch, Ranchi and other amounting to Rs.8 lakhs vide Demand Draft No.72495 dated 31.08.2026 issued by Punjab National Bank, Gutwa Branch, Ranchi respectively.” 12. This Court has also gone through the affidavit filed on behalf of the respondent on 29.08.2026. It has been stated in paragraph 3 that the respondent is ready and willing to settle the matter for a total amount of Rs.45 lakhs, out of which, Rs.30,00,000 (Rupees Thirty Lakhs) shall be towards permanent alimony and Rs.15,00,000 (Rupees Fifteen Lakhs) shall be towards the articles/streedhan articles given at the time of marriage. The bank account has also been furnished at para 4. [2026:JHHC:26289-DB] First Appeal No.208 of 2025 13. It has been stated in para-5 that upon the receipt of entire settlement amount of Rs.45 lakhs in terms of the aforesaid settlement, the undertaking has been furnished by the respondent for withdrawal/closures of the cases instituted by her and her relatives against the appellant and his family members. 14. The relevant paragraph-5 is being refereed herein, which reads as under: “Para 5-That upon receipt of the entire settlement amount of Rs.45 lakhs in terms of the settlement recorded by the Hon’ble Court, the Respondent undertakes to withdraw/closure of the cases/proceedings instituted by her against the appellant and his relatives.” 15. The copies of demand drafts bearing Nos.190712 and 072495 have been handed over to Mr. Gaurav Abhishek, learned counsel for the respondent, who, in turn has handed over the demand drafts bearing Nos.190712 and 072495 amounting to Rs.10 lakhs and Rs.8 lakhs respectively to the respondent, namely, Neetipriya Pandey, who is physically present in the Court along with her maternal uncle, namely, Mr. Pramod Singh. The due acknowledgement receipt has been furnished by both the learned counsel for the respondent and the respondent herself. 16. Let the acknowledgement of demand drafts be taken on record. 17. This Court after having considered the affidavits filed on behalf of both the parties has gone through the entire pleadings wherefrom it is evident that the present appeal has been preferred under section 19(1) of Family Court Act, 1984 for dissolution of the marriage by making an application under section 13(B) of Hindu Marriage Act, 1955. But, at the time of second option, the mutual settlement failed against which the present appeal has been preferred. 18. The present appeal, since, is arising out of an application filed under section 13(B) of Hindu Marriage Act, 1955 and now both the parties have settled their dispute as per the averment made in [2026:JHHC:26289-DB] First Appeal No.208 of 2025 their affidavits dated 29.08.2026 and 31.08.2026 as recorded hereinabove, as such, this Court in exercise of appellate jurisdiction is of the view that when the parties have decided to part away from their life by reaching to the mutual settlement as per the statement recorded hereinabove based upon the affidavits filed on their behalf, the order passed by the learned trial court dated 21.06.2024, impugned in the instant appeal, needs modification. 19. Accordingly, in consequence of settlement arrived at between the parties, the order dated 21.06.2024 is modified by passing a decree of dissolution of marriage. 20. Let the decree be prepared. 21. Mr. Sameer Saurabh, learned counsel appearing for the appellant has submitted that although the undertakings has been furnished for withdrawal of the pending criminal cases instituted against the in-laws and husband as under paragraph-5 of the affidavit filed on behalf of the respondent but there is no time frame as to by which time, the process for withdrawal of the cases will be initiated. 22. Upon this, Mr. Gaurav Abhishek, learned counsel for the respondent, on instruction of respondent herself (present in the Court) has submitted that the process will be initiated by giving appropriate instruction to the respective counsel representing the respondent in the criminal cases within six weeks from today. 23. Accordingly, the appeal stands disposed off. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) High Court of Jharkhand, Ranchi Dated:-31/08/2026 Pappu/-A.F.R. Uploaded on:- 07/09/2026