Ramesh Kumar v. Bimla

Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Amit Aggarwal, Advocate, for the appellant. Mr. Jitender Nara, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was dismissed. During the pendency of the appeal, the same was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 6.12.2000 at Village Suhra, Tehsil and District Jhajjar. Out of the wedlock, one male child, namely, Ritik, was born on

27.11.2001. Due to temperamental differences, the parties could not pull on together. They are living separately since 22.6.2004. Number of efforts made for reconciliation failed. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge (Adhoc), Jhajjar, on 7.11.2009. Thereafter, the husband filed appeal before this court. During the pendency of the appeal before this court to explore possibility of reconciliation, the matter was referred to the Mediation and Conciliation Centre in the High Court, where after number of meetings, the parties could not agree to live together and decided to part ways vide compromise dated

12.8.2010. As per the compromise, the husband agreed to pay a sum of ` 10,00,000/- as permanent alimony. It is to be shared by the wife and the minor child in the ratio of 60:40. The share of the minor child is to be kept in fixed deposit in the name of the son. As per the compromise, both the parties are to FAO No. M-26 of 2010 -2- withdraw all the cases filed by them against each other and their respective family members. As per the notes of the Mediator, ` 7,30,000/- had been deposited by the husband in the cash branch of this court on two different dates. The husband had also paid a sum of ` 2,70,000/- to the wife in cash on 28.9.2010 before the Mediation & Conciliation Centre in this court. As per the settlement, they have filed joint petition for dissolution of marriage by way of mutual consent. Today both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties filed petition for dissolution of marriage by way of mutual consent. They have made joint statement before this court today, which is extracted as under:- “Our marriage was solemnised as per Hindu rites on 6.12.2000 at village Suhra, Tehsil and District Jhajjar. Out of the wedlock, one male child, namely, Ritik was born on 27.11.2001. Due to temperamental differences, we could not live together. We are living separate since 22.6.2004. Number of efforts made for reconciliation failed. Petition filed by the husband before Additional District Judge (Adhoc), Jhajjar, for dissolution of marriage was dismissed on 7.11.2009. During the pendency of appeal before this court, the matter in dispute was referred to the Mediation & Conciliation Centre in the High Court, where after number of meetings, the parties could not agree to live together and they decided to part ways vide compromise dated 12.8.2010. As per the settlement, Ramesh Kumar is to pay ` 10,00,000/- as permanent alimony to Bimla and the son, who will be kept by her. Out of the said amount, 60% i.e., ` 6,00,000/- is to the share of the wife and the remaining 40%, i.e., ` 4,00,000/- is to be kept in fixed deposit in the name of the son. As per the notes of the Mediator, ` 3,30,000/- and ` 4,00,000/- respectively had been deposited by the husband in cash branch of Hon'ble Punjab and Haryana High Court. ` 2,70,000/- had been paid by the husband to the wife in cash on 28.9.2010 before the Mediation & FAO No. M-26 of 2010 -3- Conciliation Centre in the High Court. The amount to be kept in the fixed deposit in the name of minor child Ritik shall payable to him on his attaining the age of majority. The will will not raise any loan against the said fixed deposit. The son will remain with the mother and father will not claim any right in respect of the child. Criminal litigation between the parties has been disposed of as compromised or withdrawn. We have no objection if a decree of divorce by way of mutual consent is passed.” The parties have settled their disputes amicably and got their statement recorded to this effect, which was not found to be under any pressure or coercion. The wife had received ` 2,70,000/- in cash on 28.9.2010. The husband will not claim any right in respect of the minor child. Both the parties will withdraw the cases filed by them against each other. Registry is directed to send the amount of ` 3,30,000/- out of the amount lying deposited with this court by the husband by a demand draft to the wife through registered post to be deposited in her Account No. 674510110000357 with Indian Bank, Jhajjar. Thereafter, the wife will get FDR of ` 4,00,000/- prepared in the name of the minor child, Ritik, to mature on his attaining age of majority and produce a photo copy thereof in the registry and thereafter remaining sum of ` 4,00,000/- lying deposited in this court be sent to the wife by way of demand draft. Considering the aforesaid facts and finding the statement to be bonafide, a decree of divorce by way of mutual consent is passed, dissolving the marriage of Ramesh Kumar son of Lakhi Ram and Bimla daughter of Hukam Chand. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared.

8.10.2010 (Rajesh Bindal) Judge