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2000 DIGILAW 1086 (PNJ)

Dalip Jerath v. Shalini Jerath

2000-09-11

V.K.JHANJI

body2000
JUDGMENT V.K. Jhanji, J. - Dalip Jerath son of Shri D.D. Jerath, resident of Hinnoo House, Ranchi (Bihar) was married to Shalini Jerath daughter of Shri R.K. Sood, resident of K-1401, Palam Vihar, Gurgaon (Haryana) on 5.11.1987 at New Delhi. After the marriage, parties lived together and co-habited and out of the said wedlock, three sons, namely, Devesh, Arjun and Sidharth were born on 8.8.1988, 12.10.1989 and 14.3.1993 respectively. 2. It is the admitted case of the parties that since 30.6.1994 they are living separately as serious differences arose between them. It is also admitted that all the three sons are living with the respondent-Shalini Jerath. The matrimonial dispute led to the filing of petition for divorce by husband-Dalip Jerath against his wife Shalini Jerath in the Court of Judicial Commissioner at Ranchi and under orders of Honble Supreme Court, the said petition has been transferred from the Court of Judicial Commissioner, Ranchi to the Court of Shri Raminder Jain, Additional District Judge, Gurgaon. Dalip Jerath had also filed an application under Section 25 of the Guardian and Wards Act seeking custody of the minor sons. The said application was also filed in the court of Judicial Commissioner, Ranchi and as per order dated March 18, 1996 of Honble Supreme Court, the same was subsequently transferred to the Court of District Judge, Gurgaon. Vide order dated 28.2.1998, application field under Section 25 of the Guardians and Wards Act seeking custody of the minor sons was dismissed by the District Judge, Gurgaon. Against the said order, FAO No. 1620 of 1998 has been filed in this court. During the course of hearing of this appeal, efforts for reconciliation were made but the parties in their statements made at the Bar stated that all attempts for reconciliation have failed and they have reached a point in their married life that they cannot settle their matrimonial differences. They submitted that they have decided to dissolve the marriage under Section 13-B of the Hindu Marriage Act (for short the Act). Dalip Jerath has stated that he is prepared to deposit a sum of Rs. 1,50,000/- each in the names of his three sons which shall be withdrawn by them on attaining the age of 18 years. He has further submitted that he would keep paying a sum of Rs. 4,500/- per month i.e. Rs. Dalip Jerath has stated that he is prepared to deposit a sum of Rs. 1,50,000/- each in the names of his three sons which shall be withdrawn by them on attaining the age of 18 years. He has further submitted that he would keep paying a sum of Rs. 4,500/- per month i.e. Rs. 1,500/- per child per month for their maintenance till they attain majority. He has also stated that his share in the house at Faridabad be kept as a charge towards maintenance payable to his three sons. He submitted that he may be given visitation rights to meet his children on two week-ends in a month and also for some days during the summer vacations. Parties also submitted that file of case titled Dalip Jerath v. Shalini Jerath under Section 13 of the Act pending in the Court of Shri Raminder Jain, Additional District Judge, Gurgaon be summoned and transferred to this Court. Accordingly, on August 2, 2000, Registry was directed to send for the said file. It is reported that the same has been received in this Court. 3. In view of the submission of the parties that they have not been able to reconcile their differences, file titled Dalip Jerath v. Shalini Jerath is transferred from the Court of Shri Raminder Jain, Additional District Judge, Gurgaon to this Court. 4. Both FAO No. 1620 of 1998 and petition under Section 13 of the Act are taken on board for final disposal. 5. Counsel for the parties have stated that petition under Section 13 of the Act be converted into one under Section 13-B of the Act. Prayer made in this regard is allowed. Petition under Section 13-B of the Act is taken on record. Registry is directed to allot a number. Vide this application, parties to the petition have prayed that petition under Section 13-B of the Act may be allowed and decree of divorce by mutual consent by passed on the terms and conditions as mentioned in para 6 of the application. Para 6 of the application reads as under :- "6-A. That the petitioner No. 1/husband shall deposit a sum of Rs. Para 6 of the application reads as under :- "6-A. That the petitioner No. 1/husband shall deposit a sum of Rs. 1.5 lacs in the name of each of the three minor children by way of a fix deposit in a financial institution of repute under a money multiplier scheme to be withdrawn by the minors alone on attaining the age of majority i.e. 18 years. B. That the petitioner No. 1/husband shall further pay a sum of Rs. 1500/- p.m. as maintenance per child to the respondent, till they attain the age of 18 years. C. That for the first year i.e. Year 2001, the petitioner No. 1/husband shall be at liberty to have the children with him at Delhi or Faridabad, for a period not exceeding one month during summer vacation of the children. However, if the children wish to go to Ranchi along with their father, they will be at liberty to do so. Thereafter, from year 2002 onwards he will be entitled to take the children along with him to Ranchi or else where. D. That the petitioner No. 1/husband shall be at liberty to meet the children while he is in Delhi apart from School hours and keep them with him if he is in Delhi over the week-end or during the short school breaks/holidays with due information to the petitioner No. 2/wife. E. That the petitioner-husband No. 1 has 1/3rd share in the residential house bearing No. 468, Sector 21-A, Faridabad. The said share of the petitioner in the said property will remain as a charge and as a security for the payment of maintenance amount till the youngest child Sidharth attains the age of majority i.e. upto 14.3.2011. F. That the amount of maintenance @ Rs. 1500/- p.m. per child will be deposited regularly, so as to reach the respondent by Ist week of every month in the Oriental Bank of Commerce, Palam Vihar, Gurgaon, in the Saving Bank Account No. 2049 in the name of Shalini Jerath. G. The parties to this application have also agreed that in case petitioner- husband re-marries, then he will lose his visitation rights so as to disentitle him to take the children out during summer vacation to Ranchi or else where. His visitation rights would be confined only to the extent of meeting the children on week-ends. 7. Mr. G. The parties to this application have also agreed that in case petitioner- husband re-marries, then he will lose his visitation rights so as to disentitle him to take the children out during summer vacation to Ranchi or else where. His visitation rights would be confined only to the extent of meeting the children on week-ends. 7. Mr. N.N. Goswami, Senior Advocate, counsel appearing on behalf of the husband has stated that in terms of para 6-A, the amount in the FDR shall be deposited in Oriental Bank of Commerce, Palam Vihar, Gurgaon by 12th of September, 2000 and copy of the same shall be placed on the record of this case. Mr. Sachin Mittal, Advocate states that all the three sons with their mother shall be present in the Bank at 11.00 A.M. on 12.9.2000. 8. Mr. Dalip Jerath, husband present in Court has stated that House No. 468, Sector 21-A, Faridabad, was earlier owned by his father and upon his death, the same has been inherited by this three legal heirs, namely, Mrs. Saroj Jerath (widow), Poonam Jerath (daughter) and Dalip Jerath (appellant) in equal shares. He has undertaken that his 1/3rd share in the said house shall remain as a charge towards payment of maintenance to the three children which he has undertaken to pay to his sons till they attain the age of majority. He has further undertaken that he will not alienate or encumber the said share without prior permission of this Court. His undertaking is recorded. I have gone through the record of both the cases and heard the counsel for the parties at length. 9. From the reading of the petition filed under Section 13 and now converted into one under Section 13-A of the Act and the statements made by the parties at the Bar, I am of the view that the marriage between the parties has irretrievably broken down and there is no chance of reconciliation between them. Petition under Section 13 of the Act is pending since 11.1.1997 and this having been converted into one under Section 13-B of the Act, there is no impediment left in dissolving the marriage by mutual consent. Accordingly, petition under Section 13-B of the Act is allowed and a decree of divorce between the parties by mutual consent under Section 13-B of the Act is passed. 10. Accordingly, petition under Section 13-B of the Act is allowed and a decree of divorce between the parties by mutual consent under Section 13-B of the Act is passed. 10. Parties shall remain bound by the terms and conditions as detailed in para 6 of the petition under Section 13-B of the Act. Dalip Jerath shall also remain bound by the undertakings given by him. 11. In view of the decree of divorce having been passed by mutual consent on the terms and conditions in regard to maintenance and the custody of minor children which have been settled by them mutually, FAO No. 1628 of 1998 has become infructuous. Accordingly, the same shall stand disposed of as such. Appeal disposed of.