Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 127 of 2025 ---- Dilip Kumar, aged about 41 years, S/o-Sitaram Rajwar, R/o-Prem Nagar, P.O. Sonardih, P.S. Madhuban, District-Dhanbad, (Jharkhand )…
…
Appellant Versus Gayni Devi @ Gudiya Devi, aged about 35 years, W/o-Dilip Kumar, D/o-Suresh Rajwar, R/o-Khariya Phathak, P.O. Khariya, P.S. Topchanchi, District-Dhanbad, (Jharkhand)
… … Respondent/Respondent
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CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE DEEPAK ROSHAN
------ For the Appellant : Mr. Niranjan Singh, Advocate For the Respondent : Mr. Rajesh Kumar, Advocate --------
Order No. 07 : Dated 9th March, 2026 Per Sujit Narayan Prasad, J:
1. The instant appeal has been filed under Section 19(1) of the Family Courts Act, 1984 for setting aside the judgment dated 19.04.2024 and decree dated 27.04.2024 passed in Original Suit No. 394 of 2019 by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad, by which the suit filed by the appellant-husband for dissolution of marriage by decree of divorce has been dismissed. 2. With the consent of both the parties, the matter was referred to JHALSA for ‘Mediation for the Nation Drive 2.0’, as would be evident from order dated 3rd February, 2026. 3. Pursuant thereto, both the parties appeared before the mediator and mediator has submitted report, which is at Flag ‘X’. 4. We have perused the mediation report dated 12.02.2026 and found therefrom that both the parties appeared before the mediator on the date fixed i.e., on 09.02.2026. It has been stated in the report that both the parties have agreed to resolve their
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disputes amicably and to that effect an agreement is signed by both the parties, which is attached with the report. From the agreement entered between both the parties, it is evident that both the parties intend for dissolution of marriage. The respondent- Gayni Devi @ Gudiya Devi does not have demand/claim over appellant-husband and she does not have any objection, if order is passed in F.A. No. 127 of 2025 in favour of appellant. In the agreement, it is further agreed that after dissolution of marriage, both the parties will lead their independent life. In future, both the parties will not interfere with their other affairs. Further, in future, both the parties will not file any case against each other in any court/police station. 5.
For ready reference, the content of the agreement is quoted as under:
vkt fnukad 09@02@2026 dks nksuks i{k vius&vius fo}ku vf/koDrkvks ds lkFk e/;LFkrk dsUnz] >kylk] Mksj.Mk] jk¡ph es mifLFkr gSA nksuks i{k fouk fdlh Hk;] ncko] ds vkilh lgefr ls bl okn es ,oa vU; lHkh oknks esa fuEufyf[kr 'krksZ ij le>kSrk dj jgs gSaA 1- nksuks i{k fookg foPNsn pkgrs gSaA 2- foi{kh x;kuh nsoh mQZ xqfM+;k nsoh vkosnd fnyhi dqekj ls fdlh Hkh rjg dk dksbZ ek¡x@nkok ugh dj jgh gSA 3- vkosnd }kjk yk;k x;k okn la[;k&F.A.-127/2025 esa U;k;ky; }kjk
vkosnd ds i{k esa vkns'k fn;s tkus ij foi{kh dks dksbZ vkifÙk ugha gksxhA 4- fookg foPNsn ds mijkar nksuks i{k viuk viuk thou Lora= :i ls fuokZg djsaxsA 5- nksuks i{k Hkfo"; es ,d nwljs ds thou esa dHkh Hkh fdlh izdkj dk dksbZ
n[ky ugha nsaxsA 6- Hkfo’; esa nksuks i{k fdlh Hkh rjg ds ek¡x@nkok gsrq ,d nwljs ij fdlh
izdkj dk dksbZ okn fdlh Hkh U;k;ky;@iqfyl LVs’ku esa ugha yk;saxsA
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6.
Learned counsel for the parties is present before this Court.
7.
Learned counsel for the parties has submitted that in view of agreement entered between the parties the impugned judgment dated 19.04.2024 and decree signed on 27.04.2024 passed in Original Suit No. 394 of 2019, may be modified accordingly.
8. Accordingly, the judgment dated 19.04.2024 and decree signed on 27.04.2024 passed in Original Suit No. 394 of 2019 is hereby quashed and set aside, and the instant appeal is allowed to the extent that marriage between both the parties is hereby dissolved.
9. Office is directed to proceed accordingly.
10. With the aforesaid observation and direction, the instant appeal stands disposed of.
11. Pending Interlocutory Application, if any, stands disposed of.
(Sujit Narayan Prasad, J.)
(Deepak Roshan, J.) 9th March, 2026 N.A.F.R. Alankar/-