Punjab-Haryana High Court
Sanjeev Rana vs Promila Rana on 9 July, 2012
Bench: Rajive Bhalla, Rekha Mittal
FAO NO.M-8 OF 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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C.M. No.20389-90-C-II of 2011 In/and
FAO NO.M-8 OF 2009
DATE OF DECISION : 09.07.2012
Sanjeev Rana ...Appellant
Versus
Promila Rana ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. Ranjit Saini, Advocate,
for the appellant.
Mr. Sukhdeep Parmar, Advocate,
for the respondent.
RAJIVE BHALLA, J. (ORAL)
C.M. No.20389 C-II of 2011 Prayer in this application, filed under Section 6 Rule 17 read with Section 151 CPC, is to permit the parties to amend the petition filed under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act') to a petition under Section 13-B of the Act and to waive the statutory period of six months as prescribed under the Act for grant of a divorce by mutual consent.
C.M. allowed as prayed for.
C.M. No.20390-C-II of 2011 and FAO NO.M-8 OF 2009 Sanjeev Rana, appellant, and Promila Rana, respondent, are present in Court, along with their counsel, and pray that the application may be allowed. We have heard the parties and find no reason to reject the application. As a consequence, the application is allowed and the petition for grant of divorce by way of mutual consent, filed under Section 13-B of the Act, is taken on record.
FAO NO.M-8 OF 2009 -2-
Counsel for the parties state that parties appeared before the Lok Adalat and recorded their separate statements acknowledging a compromise and agreeing to dissolve their marriage by a divorce under Section 13-B of the Act. It is prayed that as there is no possibility of the parties residing together, the petition for divorce may be allowed and marriage between the parties may be dissolved by grant of a decree of divorce, by mutual consent.
We have heard counsel for the parties, perused the paper book and the statements made by the appellant and the respondent before the Lok Adalat.
The appellant and the respondent were both married earlier but unfortunately their second attempt at matrimony has failed. Sanjeev Rana, the appellant-husband, filed a petition for divorce before the Additional District Judge, Chandigarh, which was dismissed on 08.12.2008, hence the appeal. Parties were asked to appear before the Lok Adalat.
With the able assistance of Hon'ble Members of the Lok Adalat, parties have agreed to bring their matrimonial alliance to an end by praying for grant of a decree of divorce by mutual consent. It would be necessary to reproduce the statements made by the parties before the Lok Adalat on 15.09.2011. The statements made by Sanjeev Rana- appellant and Promila Rana-respondent, read as follows:-
"Statement of Mrs.Promila Rana-respondent d/o Sh. Moti Lal Chauhan, w/o Sh.Sanjeev Rana, aged about 35 years, r/o House No.65, HUDA Part-II, Panipat (Haryana) on S.A. My husband Sanjeev Rana (now appellant) filed a divorce petition against me in the Court of Additional District Judge, Chandigarh (Matrimonial Court) for grant of decree of divorce. However, that petition was dismissed on 8.12.2008.FAO NO.M-8 OF 2009 -3-
Sanjeev Rana has filed the present appeal against the judgment and decree of the Trial Court dated 8.12.2008. During the pendency of this appeal, with the intervention of respectables, my husband and myself decided to get a decree of divorce by mutual consent. An application has been filed to that effect for converting these matrimonial proceedings under the Hindu Marriage Act into one under Section 13-B (2) of the Hindu Marriage Act with the prayer that the six months' compulsory waiting period under Section 13-B (2) of the Hindu Marriage Act may be reckoned towards the period spent by the parties to the litigation before the Trial Court as well as before the High Court. A petition under Section 13-B duly signed by me and Sanjeev Rana-appellant has also been filed. One of the terms for grant of decree of divorce by mutual consent is that the appellant-Sanjeev Rana would pay to me a sum of `6,60,000/- (Rupees Six Lacs and Sixty Thousand only) and further two conditions for grant of decree of divorce by mutual consent were that I would withdraw my petition filed under Section 9 of the Hindu Marriage Act against my husband in the Court of District Judge, Panipat and would also withdraw my execution application pending in the Court of Additional District Judge, Chandigarh for realizing the arrears of maintenance from my husband appellant-Sanjeev Rana. As per the orders of the Lok Adalat appellant-Sanjeev Rana had brought a sum of `6,60,000/- (Rupees Six Lacs and Sixty Thousand only) by way of bank draft in the name of the Registrar, Punjab and Haryana High Court, which stands deposited by the Registrar of the High Court in the relevant account. I have withdrawn my petition under Section 9 of the Hindu Marriage Act filed against my husband-Sanjeev Rana (Copy of the order is being placed on the record). I have also withdrawn my execution application pending in the Court of Additional District Judge, Chandigarh for realising the arrears of maintenance from my husband- Sanjeev Rana which amount was awarded under Section 24 of the Hindu Marriage Act. As per the terms of the compromise for grant of decree of divorce by mutual consent FAO NO.M-8 OF 2009 -4- I have now no claim against my husband-Sanjeev Rana monitarily or otherwise. As stated above, let these proceedings be converted into 13-B of the Hindu Marriage Act and the compulsory waiting period under Section 13-B (2) of the Hindu Marriage Act may be reckoned towards the period spent by the parties in litigation under Hindu Marriage Act before the Trial Court as well as before the High Court. Let a decree of divorce may be granted under Section 13-B and the marriage be dissolved by grant of decree of divorce by mutual consent. The amount of `6,60,000/- (Rupees Six Lacs and Sixty Thousand only) that has been got deposited by appellant-Sanjeev Rana before the Registrar, Punjab and Haryana High Court may be got released to me."
*-* "Statement of Mr.Sanjeev Rana-appellant s/o Sh.Surinder Kumar, aged about 40 years, r/o House No.3260, Sector 23- D, Chandigarh on S.A. I have heard the statement of Smt.Promila Rana- respondent. I accept the same. The decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act be granted in terms of the compromise attached with the application under Section 13-B and the amount deposited by me with the Registrar, Punjab and Haryana High Court be released to Promila Rana-respondent."
A perusal of the statements reproduced above, reveals that parties have agreed to grant of a decree of divorce, by mutual consent on payment of `6,60,000/- by Sanjeev Rana-appellant to Promila Rana- respondent. Sanjeev Rana-appellant has already deposited a sum of `6,60,000/- with the Registrar of this Court. The appellant-Sanjeev Rana and the respondent-Promila Rana are present in person and pray that as there is no possibility of their resuming cohabitation as husband and wife, it would be in their interest that their marriage is dissolved by grant of a decree of divorce.
FAO NO.M-8 OF 2009 -5-
We have heard counsel for the parties and also interacted with them. We have also perused their statements made before the Lok Adalat and are satisfied about the bona fides of their prayer for grant of divorce by mutual consent. The parties' second attempt at matrimony has failed. Any possibility of their living together as husband and wife is emphatically ruled out by the parties. As a consequence, we do not find any legal impediment in allowing the petition for grant of a decree of divorce by mutual consent, as prayed.
Consequently, we allow the petition and dissolve the marriage between Sanjeev Rana and Promila Rana by grant of decree of divorce by mutual consent and direct that `6,60,000/- lying deposited in the name of Promila Rana, respondent, with the Registrar, Punjab and Haryana High Court, be released to her within 15 days of receipt of a certified copy of this order. Decree sheet be drawn up accordingly.
(RAJIVE BHALLA)
JUDGE
09.07.2012 (REKHA MITTAL)
adhikari JUDGE