- (1.) HEARD learned counsel for the petitioner and learned counsel for the State as well as the learned counsel for the O.P. No.2.
(2.) BOTH the parties have submitted that they have filed a joint compromise petition and they have settled their disputes according to the terms and conditions which are mentioned in the said interlocutory application are as follows:- "(i) That it has been agreed between the parties that the petitioner shall pay a sum of Rs. 7 Lakhs in favour of the O.P. No.2 namely, Sanjukta Roy Choudhary, as permanent alimony. The said payment shall be made by way of a demand draft bearing No. 426182 dated 11.05.2012 issued by Bangiya Gramin Vikash Bank, Joka and the said draft shall be handed over to the O.P. No.2 on 14.05.2012. (ii) That it has been also agreed between the parties that the petitioner shall pay a sum of Rs. 5,500/- p.m., in favour of his children namely, Priyanka Roy Choudhary and Priyanshu Roy Choudhury as miscellaneous expenses commencing on and after the pronouncement of the compromise. That the petitioner undertakes to deposit the said amount within seventh day of every month in the S.B.I., Bank (Lalpur Branch) bearing account No. 32323200632 in the name of Priyanka Roy Chaudhury. (iii) That it has been also agreed between the parties that all the cases that has been instituted by both the parties against each other shall be withdrawn from the respective Courts. In the following cases application is to be filed by both the parties within a period of fifteen days and/or the business of the learned Courts permits from the date of filing of this compromise petition:- (a) Mat. Suit No. 27/2009 filed by the petitioner under Section 9 of the Hindu Marriage Act, 1956 pending before the Court of the Ld. District Judge, at Alipore, Kolkata. (b) M.T.S. Case No. 189/08 filed by the Opposite Party under Section 19 (iii)(a) of the Hindu Marriage Amendment Act, 2003 pending before the Learned Principal Judge, Family Court at Ranchi. (c ) Maintenance Case No. 36/09 filed by the O.P. No.2 pending before the Learned Principal Judge, Family Court, Ranchi. (d) Criminal Case No. C/37895/2010 filed by the petitioner under Section 323/506 I.P.C. against the O.P. No.2 and her father pending before the Ld. Metropolitan Magistrate, 8th Court, Calcutta. (e) The present case bearing complaint Case No. 932/2010 filed by the O.P. No.2 pending before the Learned Court of Sri Rajesh Sinha, J.M., Ranchi (iv) That it has been further agreed between the parties that the custody application being Misc. Case No. 10/09 under Section 25 of the Guardians and Wards Act, 1890 filed by the petitioner, pending before the Court of Ld. District Judge, Barasat, North 24, Paraganas, West Bengal, shall be continued until its disposal by way of final order. (v) That it is stated that both the parties will file a petition u/s 13 B of the Hindu Marriage Act within a period of 15 days from the date of filing the present petition, for getting their marriage dissolved by way of mutual consent. (vi) That it has been further agreed between the parties that after the marriage gets dissolved by way of mutual consent and as per the terms and conditions of the petition, neither of the parties shall have any claims left against each other such as Monetary, Jewellery and property etc. and it is pertinent to mention here that the O.P. No.2 also agreed that she had taken all the ornaments and her belonging during the period of her leaving from her matrimonial house at Salt Lake, Kolkata i.e. on or about 13.08.2008. (vii) That the parties further undertake not to harass and interfere each other in future to their personal and public life. (viii) It is stated that the O.P. No.2 will allow the petitioner to take the children outside of her residence during his visit at Ranchi preferably on Sunday or Holidays and he can keep his children with him at Ranchi subject to their willingness. (ix) That the O.P. No.2 shall file an application for withdrawal of complaint Case No. 932/2010 in the Court of Sri Rajesh Sinha J.M.,, Ranchi tomorrow on 15/05/2012. (x) That the O.P. No.2 will hand over copy of each and every academic result and documents of the children's performance serially to the petitioner immediately. (xi) It is agreed between the parties that the petitioner as well as the O.P. No.2 will take each and every steps by taking comment relating to the educational progress, medical treatment, future betterment and well being of the children." The counsel appearing for the petitioner and the O.P. No.2 have submitted that the complainant O.P. No.2 has already filed an application for withdrawal of the complaint case, the trial Court is directed to permit her to withdraw the said complaint case.
(3.) AS both the parties are living separately for last four years and both the parties have already filed an application for divorce on mutual consent, the Family Court after considering all these aspects, pass the order according to law.;