Rajasthan High Court - Jaipur
Shri Ravi Singh S/O Rajendra Singh vs Smt. Swati Alias Sakshi Kanwar D/O ... on 8 July, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Miscellaneous Appeal No. 3236/2018
Shri Ravi Singh S/o Rajendra Singh, Aged About 33 Years, B/c
Rajput, R/o 447, Khwas Ki Haveli, Hawa Mahal Road, Tehsil And
District Jaipur (Raj)
----Appellant
Versus
Smt. Swati Alias Sakshi Kanwar D/o Girraj Singh W/o Ravi Singh,
Aged About 30 Years, B/c Rajput, R/o Sharda Colony, Khor Jaipur
At Present Residing At 55, Bhattarji Ki Haveli, Opposite Hawa
Mahal, Jaipur (Raj)
----Respondent
For Appellant(s) : Mr. Abhi Goyal Mr. Ravi Singh, appellant present in person.
For Respondent(s) : Mr. Ritvik Dave.
Mrs. Swati alias Sakshi Kanwar, respondent present in person.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 08/07/2019 This appeal has been filed by the appellant-husband Mr. Ravi Singh challenging order dated 29.05.2018 passed by Family Court No. 1, Jaipur (for short 'the Family Court') whereby application under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-wife for grant of maintenance pendente lite has been allowed and the appellant has been directed to pay a sum of Rs. 10,000/- per month to the respondent-wife as maintenance from the date of filing of the application till pendency of petition under Section 13 of the Act. (Downloaded on 10/07/2019 at 11:39:56 PM)
(2 of 5) [CMA-3236/2018] When the matter was listed before this Court on 23.05.2019, it was stated by the parties that they have filed a deed of compromise wherein they have agreed to settle the dispute by obtaining decree of divorce by mutual consent in lieu of permanent alimony of Rs. 7,00,000/- to be paid by the appellant- husband to the respondent-wife. A sum of Rs. 1,00,000/- was paid in cash to the respondent-wife on that day and remaining amount of Rs. 6,00,000/- was to be paid through demand draft before this Court today, i.e. 08.07.2019. Learned counsel for the parties were directed to move an application under Section 13B of the Act for obtaining decree of divorce by mutual consent and the matter was ordered to be listed today.
Matter has been listed today before the Court along with Application No. 43152/2019 filed under Section 13B of the Act. Learned counsel for the parties jointly submit that the aforesaid application has been filed seeking decree of divorce by mutual consent. Demand draft of Rs. 6,00,000/- dated 01.07.2019 in favour of the respondent-wife has been produced in terms of order of this Court dated 23.05.2019 and as per the compromise arrived at between the parties, the aforesaid demand has been handed over to the respondent-wife who is present in the Court today itself and copy thereof has been placed on record of the file. Along with aforesaid application, deed of compromise arrived at between the parties has also been annexed. The terms and conditions of compromise as enumerated therein are reproduced hereunder:
"1.That the parties hereto do hereby declare and confirm that the Deed of Compromise under these presents does not amount to any collusion on their part, and they do hereby further and once (Downloaded on 10/07/2019 at 11:39:56 PM) (3 of 5) [CMA-3236/2018] again declare and confirm that they sincerely enter into and execute this Deed of Compromise only with their full consent and final agreement.
2.That the parties hereto do hereby declare and confirm that they have mutually agreed to opt for such a course of mutual understanding and amicable settlement with a view to saving a lot of time, money and energy and also serving the cause of their family as a whole, for they now better know that it would always be better and in the interests of both the parties to choose for such a course, because they have, though belatedly but rightly, given a thought to their ideas to the effect that fighting(in terms of Litigation) in the courts of law will not serve any purpose, and they also really know that in such family and matrimonial affairs, there is really no winner and there is no loser.
3.That since the Husband and Wife are residing separately for more than past 3 years therefore the parties have mutually decided to seek decree of divorce.
4.That the Husband shall pay a sum of Rs.7,00,000/- (In words Rupees Seven Lakhs) to the wife as one-time full and final payment towards the maintenance, permanent-alimony, the amount shall be paid in the below mentioned manner:
Amount Paid at the time of
Rs.1,00,000/- (One Lakhs) At the time of execution of the
present compromise.
Rs.6,00,000/- (Six Lakhs) On or before July 8th2019.
the Husband shall prepare a Demand Draft in name of wife for an amount of Rs.6,00,000/- (In words Six Lakhs) that shall be paid or made available in the manner prescribed in the above mentioned manner. Further in case the Husband fails to make the payment to the wife as per the above mentioned schedule then the payment made by the Husband at the time of executing the compromise shall get forfeited and the wife shall be further entitled to seek the maintenance as determined by the Learned Court below. Apart from the above mentioned amount the wife will not claim any other amount towards maintenance for herself or even otherwise.
5.That while executing this Deed of Compromise, the wife does hereby agree and undertake to simultaneously withdraw all the criminal complaints, F.I.R, civil suits, family court petitions other then grant of divorce, if any, lodged or filed by her against the husband, family members of the husband and also to extend the fullest cooperation to the husband or any other person authorised by him in all such matters and litigations, and this is a condition precedent put forth by the husband unto the wife for entering into the memorandum of understanding under these presents.
6.That while executing this Deed of Compromise, the Husband does hereby agree and undertake to simultaneously withdraw all (Downloaded on 10/07/2019 at 11:39:56 PM) (4 of 5) [CMA-3236/2018] the criminal complaints, F.I.R, civil suits, family court petitions other then grant of Divorce, if any, lodged or filed by him against the wife, family members of the wife and also to extend the fullest cooperation to the wife or any other person authorised by her in all such matters and litigations, and this is a condition precedent put forth by the wife unto the husband for entering into the memorandum of understanding under these presents.
7.That the parties hereto do hereby agree and undertake not to file any civil action or lodge any criminal complaint against each other or the family member of each other in the future.
8.That if there are any Bank accounts, etc. in the joint names of the parties hereto, the same shall be closed with immediate effect.
9.That if there are any Fixed Deposits, or any other Investments in the joint names of the parties hereto, the same shall be retained by the Husband, and the other party shall cooperate by giving signature, wherever required, to remove the joint name.
10.That in future, neither of the parties shall claim for any maintenance charges or claim any property from each other after the execution of the present deed.
11.That in case if wife refrains herself from appearance before the Hon'ble High Court or the Family Court at any point of time for either grant of Decree of Divorce, the husband will have the right to either stop the payment of Demand Draft or to recover the said amount and in case the Husband refrains from appearing before the Learned Family Court or the High Court for grant of Decree of Divorce the wife shall have a right to forfeit the amount so advanced under the present compromise.
12.That the wife hereby acknowledges that she has received a sum of Rs.1,00,000/- (In words Rupees One Lakhs only) as mentioned above in para no. 4 of the Compromise Deed/Memorandum of Understanding.
13.That from now onwards both the parties shall not interfere in the lives of each other and shall be free to live their life in their own manner.
14.That this deed of compromise has been read-over by both the parties and further has been explained in hindi Language as such the same is also being executed in 2 copies."
Both the parties are present in the Court and they have signed order sheet of the file and have been identified by their respective counsel.
Learned counsel for the parties submitted marriage between the parties was solemnised on 12.022015 and they are (Downloaded on 10/07/2019 at 11:39:56 PM) (5 of 5) [CMA-3236/2018] living separately since 04.04.2015, therefore, requisite period of one year was not completed.
Even otherwise, this Court has the power to waive the cooling period of one year in view of judgments of the Supreme Court in Veena Vs. State Govt. of NCT, Delhi & Anr., (2011) 14 SCC 614, Devinder Singh Narula Vs. Meenakshi Nangia - (2012) 8 SCC 580, and Amardeep Singh Vs. Harveen Kaur - (2017) 8 SCC 746. In Amardeep Singh, supra, the Supreme Court laid down that since the cooling off period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.
In view of above, we are persuaded to allow the appeal. The appeal is accordingly allowed. The order dated 29.05.2018 passed by the Family Court No. 1, Jaipur is set aside. The application filed by the parties under Section 13B of the Act before this Court is allowed. Consequently, petition under Section 13 of the Act pending before the Family Court No. 1, Jaipur is also allowed. The marriage between the appellant-husband and the respondent-wife is therefore dissolved by mutual consent with immediate effect. Decree of divorce be prepared accordingly. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J MANOJ NARWANI /19 (Downloaded on 10/07/2019 at 11:39:56 PM) Powered by TCPDF (www.tcpdf.org)