Gazala Tabssum vs Abdul Hameed on 25 October, 2016

[Cites 9, Cited by 2]

Rajasthan High Court - Jaipur

Gazala Tabssum vs Abdul Hameed on 25 October, 2016

Instant appeal has been filed by the appellant-wife Tabssum u/Sec.19 of the Family Courts Act, 1984 against judgment & decree dt.06.08.2014 passed by the ld.Judge, Family Court, Baran whereby the suit for declaration for granting decree of divorce, filed at the instance of appellant-wife, was dismissed.

It reveals from the record that marriage of the appellant- wife Tabssum with respondent-husband Abdul Hameed was solemnized on 05.10.2008 but because of their matrimonial discord, which was certainly unfortunate, the appellant-wife filed a civil suit for declaration seeking decree of divorce against respondent-husband on 29.03.2010 on many-fold grounds but that came to be dismissed by the ld.Judge, Family Court, Baran -2- D.B.CIVIL MISC. APPEAL NO.2783/2014.

Gazala Tabssum Vs. Abdul Hameed.

vide judgment & decree dt.06.08.2014 and that is subject matter of appeal filed at the instance of the appellant-wife. Indisputably, the provisions of Hindu Marriage Act are not applicable upon them.

During pendency of the present appeal, the matter at one stage was sent for mediation but unfortunately it could not succeed and at a later point of time, the parties jointly submitted that one further opportunity be provided to them and let they may try to resolve their on-going matrimonial discord in a manner which is acceptable to both of them and both the counsel also extended their advice and after they arrived to a common consensus, a joint application has been filed seeking decree of divorce by mutual consent to dissolve their marriage which was solemnized on 05.10.2008 on certain terms & conditions deduced in writing and signed by the parties, who are present before the court and identified by their respective counsel and attested by the witnesses, who are brother Imran S/o Irshad of the appellant & sister Noor Bano of the respondent-husband.

The terms & conditions to which the parties have taken a decision to dissolve their marriage by mutual consent are deduced in para-A, B & C & we consider it appropriate to quote the same ad infra:-

"A) Both the parties will file an application to withdrawal their respective litigations filed by them before the concerned court on the basis of this compromise filed before this Hon'ble High Court those cases stands withdrawn by this compromise also. Details of litigation are mentioned as Under :

I. Criminal Case no. 15/2010 (State of Rajasthan Vs. Abdul Hameed) pending before Judicial Magistrate, Anta, Distirct- Baran under section -3- D.B.CIVIL MISC. APPEAL NO.2783/2014.

Gazala Tabssum Vs. Abdul Hameed.

498-A, 406 IPC.

II. Criminal Case No. 257/2009 (Gazala Tabssum vs. Abdul Hameed) pending before Judicial Magistrate, Anta District- Baran under Section 12 of the Protection of Women from Domestic Violence Act.

III. Criminal Case No. 3/2010 (Gazala Tabssum vs. Abdul Hameed) pending before Judicial Magistrate, Anta, District- Baran under section 427 I.P.C. IV. S.B. Criminal Revision petition No. 1062/2014 (Gazala Tabssum vs. Abdul Hameed) pending before Hon'ble High Court Jaipur Bench, Jaipur. V. Criminal Revision Petition No. 26/2015 (Noor Bano vs. Gazala Tabssum) pending before Special Judge, SC/ST cases & Additional Sessions Judge, Bundi Under section 380, 34 IPC.

VI. Civil Case No. 10/2009 (Abdul Hameed vs. Gazala Tabssum & others) pending before Civil Judge (Junior Division), Lakheri, District-Bundi for restitution of conjugal rights.

B) Some Ornaments/Jewellery are in appellant's possession, which was given to her at the time of marriage, will be return in the Hon'ble Court.

Details of ornaments are mentioned as under :

          I.     PAYAL (Silver)                 1 pair
          II.    Mangalsutra                    1
          III.   Ear rings (Bunde) Gold         1 Pair
          IV.    Mang Teeka Gold                1
          V.     Nose Pin Gold                  1
          VI.    Ring Gold                      3

C) Some Ornament/Jewellery is in possession of the respondent, which was given to him at the time of marriage, will be return in the Hon'ble Court. A detail of ornament is mentioned as under:

I. Ring Gold"

Parties are present before the court along with their brother & sister respectively and as their litigation is on-going for a sufficient long time for six years by now and both are mature enough in taking decision which is certainly in their interest. As they have amicably intended to resolve their matrimonial discord on the terms & conditions which have been referred to by us in the present order, we are also satisfied that no purpose is going to be served in prolonging this matrimonial tag any more when the parties themselves have arrived to put their pending -4- D.B.CIVIL MISC. APPEAL NO.2783/2014.

Gazala Tabssum Vs. Abdul Hameed.

matrimonial discord to an end avoiding bitterness and try to streamline their strain relations. The parties have exchanged the ornaments & jewelries, which are in their possession, as indicated in para-B & C of the terms & conditions and admitted by them before the Court.

Both the counsel jointly submit that the matters pending between the parties, reference of which has been made, may be treated to be withdrawn by the party at whose instance it has been filed but if they are asked to apply to the respective courts where the litigation is pending, it may take a long process and the appropriate orders may be passed by this Court safeguarding their interest and decree of divorce may be granted on their mutual consent by this Court.

While exercising our inherent jurisdiction, we consider it appropriate to observe that all the pending proceedings in various courts, of which reference has been made, are hereby quashed and set aside and the parties are mutually agreed to dissolve their marriage, we consider it appropriate to grant them decree of divorce by mutual consent, as prayed.

Consequently, the instant appeal is disposed of and all the pending proceedings in various courts, of which reference has been made, in para-A(I to VI) are hereby quashed & set aside. The appellant-wife is entitled to seek divorce by mutual consent and accordingly their marriage solemnized on 05.10.2008 is hereby dissolved on the basis of compromise arrived at, of which we have taken note in the present order.

Let a copy of this order be placed before the concerned -5- D.B.CIVIL MISC. APPEAL NO.2783/2014.

Gazala Tabssum Vs. Abdul Hameed.

court where the proceedings are pending and that may be disposed of in the light of the present order and the office may prepare the decree and accordingly make it available to the litigating parties.

(VIJAY KUMAR VYAS),J. (AJAY RASTOGI),J. Solanki DS, P.S.

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Rajasthan High Court - Jaipur