Punjab-Haryana High Court
Rajesh vs Suman on 9 July, 2012
Bench: Rajive Bhalla, Rekha Mittal
FAO NO.M-66 OF 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
*****
C.M. No.22596-97-CII of 2011 In/and
FAO NO.M-66 OF 2009
DATE OF DECISION : 09.07.2012
Rajesh ...Appellant
Versus
Suman ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. Rajesh, Appellant in person.
Mr. Sukhdeep Parmar, Advocate,
for the respondent.
RAJIVE BHALLA, J. (ORAL)
C.M. No.22596-CII of 2011 Prayer in this application filed under Section 6 Rule 17 read with Section 151 CPC is to allow 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.22597-CII of 2011 and FAO NO.M-66 OF 2009 Rajesh-appellant and Suman-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. The petition for grant of divorce by way of mutual consent filed under Section 13-B of the Act, is taken on record.
Counsel for the parties state that as parties have resolved FAO NO.M-66 OF 2009 -2- their differences before the Lok Adalat and have already recorded their separate statements acknowledging the compromise then prayed for grant of divorce, under Section 13-B of the Act, may be accepted.
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.
Rajesh-appellant and Suman-respondent, were married on 22.02.2000, as per Hindu Rites. A son, Rahul, was born to them. The appellant-Rajesh filed a divorce petition, which was dismissed by the Additional District Judge/FTC, Sonepat on 11.11.2008. Rajesh has filed an appeal before this Court. During pendency of 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 resolved their dispute and agreed to bring their matrimonial alliance to an end by praying for grant of decree of divorce by mutual consent. Rajesh-appellant and Suman-respondent made statements before the Lok Adalat on 15.02.2012, which read as follows:-
"Statement of appellant-Rajesh s/o Kitab Singh, aged 32 years, resident of Village Kumar Mohalla, Ganaur, Tehsil Ganaur, District Sonepat on S.A. I got married to respondent-Suman d/o Raj Pal on 22.2.2000 in accordance with Hindu Rites. A son was born out of the wed-lock in the year 2002 whom we named Rahul. I had filed a divorce petition under Section 13 (i-A)(ii) of the Hindu Marriage Act for grant of decree of divorce against my wife Suman in a competent Court at Sonepat on 3.10.2007. However, the said petition was dismissed vide judgment and decree dated 11.11.2008. I had filed the present appeal against judgment and decree of the trial Court.
During the pendency of the appeal I and my wife Suman have agreed to the grant of decree of divorce by mutual consent under Section 13-B of the Hindu FAO NO.M-66 OF 2009 -3- Marriage Act. As per the agreement between my and my wife I was to pay a lumpsum alimony of `2,00,000/- (Rupees Two Lacs only) to her which I have already got deposited in the Punjab and Haryana High Court through the Registrar which is lying deposited in the P.L.A. Account of Punjab and Haryana High Court. It was further agreed that respondent-Suman will make a statement before the Additional Sessions Judge, Panipat, where appeal filed by me and my parents against conviction under Section 498-A IPC and 406 IPC was pending, to the effect that she has no objection if the appeal is allowed and the appellants are acquitted. The said statement was made by respondent Suman and Additional Sessions Judge has disposed of the appeal vide order dated 8.2.2012 by reducing the sentence to already undergone.
It has further been agreed between me and my wife that the custody of our child Rahul will remain with me. My wife will have no other claim monetary or otherwise against me nor I will have any claim against her.
Both of us have jointly filed a Civil Misc. Application No.22996-CII-2011 for converting these proceedings to one under Section 13-B of the Hindu Marriage Act and for reckoning the compulsory waiting period under Section 13B(ii) towards the time spent in litigation under Hindu Marriage Act between us before the Trial Court and before the Hon'ble High Court. We have also filed a joint petition under Section 13-B of the Hindu Marriage Act supported by our affidavits for grant of decree of divorce by mutual consent.
Let a decree of divorce by mutual consent be granted and the amount of `2,00,000/- (Rupees Two Lacs only) deposited by me in the P.L.A. account of Punjab and Haryana High Court may be released to respondent-Suman."
*-* "Statement of respondent-Suman d/o Raj Pal, aged 29 FAO NO.M-66 OF 2009 -4- years, resident of Village Dehra, Tehsil and District Panipat on S.A. I have heard the statement of appellant-Rajesh. I accept the same. Let a decree of divorce by mutual consent be granted under Section 13-B of the Hindu Marriage Act and the amount of `2,00,000/- (Rupees Two Lacs only) deposited by the appellant-Rajesh in the P.L.A. account of Punjab and Haryana High Court may be released to me."
A perusal of the statements, reveals that parties have agreed to bring an end to their marriage by praying for grant of decree of divorce by mutual consent on payment of `2,00,000/- by Rajesh-appellant to Suman-respondent. The appellant-Rajesh has already deposited a sum of `2,00,000/- with the Registrar of this Court. The appellant-Rajesh and the respondent-Suman are present in person and pray that in view of their statements recorded before the Lok Adalat and as there is no possibility of their resuming cohabitation as husband and wife, it would be in their interest that the marriage is dissolved by grant of a decree of divorce.
In view of what has been recorded hereinabove and in the absence of any legal impediment in the grant of relief of divorce by mutual consent, as prayed, we allow the petition and dissolve marriage between Rajesh and Suman, by grant of decree of divorce by mutual consent. We also direct that `2,00,000/- lying deposited in the name of Suman-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