Rajasthan High Court - Jodhpur
Anil Khatwani vs Smt.Nisha Khatwani on 20 April, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
S.B.CIVIL MISC. APPEAL NO. 1250/2008
(Anil Khatwani vs. Smt. Nistha Khatwani)
DATE OF ORDER : 20/4/2012
HON'BLE DR.JUSTICE VINEET KOTHARI
Dr. Sachin Acharya, for the appellant husband. Mr. T.R.Singh Soda, for the respondent wife.
Both the parties are directed to file their affidavits with regard to following:
(i) Whether they are willing to live together in the same matrimonial home even now or not;
(ii) Whether they want to have a divorce by mutual consent under Section 13B of the Act. If `No', then they should assign reasons for the same and also indicate in their affidavits the steps taken by them so far for restoration of matrimonial home and matrimonial relationship;
(iii) The respondent wife may also state in her affidavit as to whether she is ready and willing to take additional reasonable amount of permanent alimony, besides Rs.5 lacs already paid by appellant Husband, for her and her son's future maintenance and welfare from the appellant husband & to give her consent for divorce by mutual consent under Section 13 B of the Act. If so, how much amount and within what period she expects the same.
(iv) The appellant husband may also indicate such amount of additional permanent alimony, which he would be ready and willing to pay for maintenance of future welfare of respondent wife and their son, Master Siddharth, who is now stated to be about 8 years of age.
The aforesaid affidavits may be filed within a period of one week from today positively, failing which adverse inference may be drawn against them.
The parties may again remain present in the Court on 2/5/2012.
(DR.VINEET KOTHARI), J.