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2005 DIGILAW 2418 (RAJ)

Om Prakash Yadav v. Lali

2005-09-09

AJAY RASTOGI, S.K.KESHOTE

body2005
Judgment S.K. Keshote, J.-On 15.07.2005, both the parties were present but despite of making all efforts they did not arrive at any compromise to live together, hence the arguments were heard and concluded and the matter was ordered to place on the Board on 21.07.2005 for dictation of order. On 21.07.2005, the Bench was not formed. The matter was placed on the Board on 05.08.2005. The appellant wife was present but the respondent husband remained absent. It is submitted that the respondent husband has settled the matter outside the Court with the appellant wife. They have signed a joint application under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage by a decree of divorce by mutual consent. 2. The respondent husband filed the divorce petition against the appellant wife in the Family Court No. 2, Jaipur City, Jaipur being Matrimonial Case No. 96/1998. The learned Family Court allowed that petition vide its Judgment and decree, dated 23.08.1999 and the appellant wife has filed this appeal against the said Judgment and decree. The learned Family Court granted the decree in favour of the husband of divorce on the ground of desertion and cruelty. 3. The marriage of the appellant wife with the respondent husband was solemnized on 19.05.1977 in Alwar District and thereafter till 1984 they lived together. Lastly they resided together from 10.03.1990 to 25.03.1990 at 10/65, Malviya Nagar, Jaipur. After 25.03.1990 the parties are living separately. The parties have arrived at a compromise to get their marriage dissolved by a decree of divorce by mutual consent. In lieu of the full and final settlement of the permanent alimony the respondent husband has agreed to give to the appellant wife the amount of Rupees Five Lacs and the appellant wife has accepted that proposal. The appellant wife and the respondent husband have also decided to settle other matters pending between them, the reference of which has been made in Para No. 11 of the application under Section 13-B of the Hindu Marriage Act, 1955. The referred case bears Criminal Case No. 43/2002 (90/1998), State vs. Om Prakash, pending in the Court of Additional Chief Judicial Magistrate No. 1 Behror, District Alwar. 4. The referred case bears Criminal Case No. 43/2002 (90/1998), State vs. Om Prakash, pending in the Court of Additional Chief Judicial Magistrate No. 1 Behror, District Alwar. 4. Having gone through the application, we are satisfied that there is no possibility of their living together as husband and wife despite their best efforts to accommodate each and under the circumstances we are also of the opinion that there is no likelihood of their living together as husband and wife any more. From the facts and material come on the record, we are satisfied that their marriage is irretrievably broken down and there is no chance of reconciliation between them. 5. In the above mentioned circumstances the parties have now mutually decided out of their free consent and without any pressure and collusion that the marriage solemnized between them should be dissolved under the provisions of Section 13-B of the Act, 1955. 6. We are satisfied that either of them is not under any pressure or fear nor there is any collusion between them to get their marriage dissolved by a decree of divorce by mutual consent. Both the parties, on their free will, have mutually agreed to invoke the provisions of Section 13-B of the Act, 1955. There is no legal bar to decline the decree of divorce of the parties on mutual consent. The appellant wife and the respondent husband resided within the territorial jurisdiction of the Court and it has jurisdiction to entertain the application filed by them. 7. Parties are in agreement that the respondent husband does not have any Stridhan or ornaments or any other article of the appellant wife. 8. It is also stated in the application that the respondent husband has handed over two drafts of Rs.5, 00,000/-bearing No. 938511, dated 20.07.2005 (Rs. 3,00,000 /-) and No. 938510, dated 20.07.2005 (Rs. 2,00,000 /-) the amount of full and final claim of permanent alimony to the appellant wife and the same have been accepted by her. 9. Accordingly this application succeeds and the same is allowed. The marriage of the husband Om Prakash Yadav and wife Smt. Lali, solemnized between then on 19.05.1977 in Alwar District, is dissolved by a decree of divorce by mutual consent. The compromise entered into between the parties shall be the part of the decree. 9. Accordingly this application succeeds and the same is allowed. The marriage of the husband Om Prakash Yadav and wife Smt. Lali, solemnized between then on 19.05.1977 in Alwar District, is dissolved by a decree of divorce by mutual consent. The compromise entered into between the parties shall be the part of the decree. The Deputy Registrar (Judicial) is directed to draw a decree of divorce and the certified copy thereof be given to both the parties free of costs. 10. The Criminal Case No. 43/2002 (90/1998), under Section 498-A and 323 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate No. 1, Behror, District Alwar, is decided in the terms that in view of the compromise entered into between the parties, nothing substantially survives therein and accordingly the proceedings of the criminal case are closed and the accused therein are discharged from all the charges levelled against them. 10.11. A copy of the order be forthwith sent to the Additional Chief Judicial Magistrate, Behror, District Alwar, to pass necessary orders in the Criminal Case bearing No. 43/2002 (90/1998), under Section 498-A and 323 of the Indian Penal Code, in terms of this order. 112. Looking to the age of the appellant, we are of the opinion that it is in her own interest to keep the amount of Rs. 5,00,000/-in Monthly Interest Scheme initially for a period of six years. The appellant wife is directed to take necessary steps for deposit of the amount aforesaid in her name at the post office situated nearby her abode. The monthly interest so accrued on this amount shall be credited in the SB Account of the appellant wife to be opened by her with the post office aforesaid. This deposit shall be subject to the condition that the post office shall not permit any premature withdrawal, full or part, thereof without permission of the Court; and it shall not permit any loan on this amount or otherwise to create any lien thereon. 13. The appeal and the stay application, filed therewith, accordingly stand disposed of . There shall be no order as to costs.