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2007 DIGILAW 798 (RAJ)

Shambhu v. Jeevani

2007-04-16

K.S.RATHORE

body2007
JUDGMENT 1. - This miscellaneous appeal tinder Section 28 of the Hindu Marriage Act, 1955 is preferred against the order dated 7.4.2004 passed by the District Judge, Sikar, in Case No. 82/2001 whereby the Court below rejected the application filed by the appellant under Section 13(1)(KA) and allowed the application under Section 24 of the Hindu Marriage Act, 1955 filed by the respondent and decree has been passed against the appellant. 2. Both the parties who are present in Court have jointly moved an application for dissolution of marriage by a decree of divorce by mutual consent Wider Section 1313(1.) of the Hindu Marriage Act, 1955 and the Amended Marriage Law (Amendment) Act, 1976.As per the application, the applicant No. 1, Shambhu (husband) has agreed to make payment of Rs. 4,70,000/- (four lacs seventy thousand only) to the applicant No. 2 Jeevni (wife) towards the lump sun alimony and now afterwards the applicant No. 2 will not claim any maintenance or her right in the property of the applicant No. I Shambhu. 3. Both the parties also agreed that the marriage between the parties was solemnized at District Sikar and the applicant No.1 Shambhu filed a divorce petition under Section 13 of the Hindu Marriage Act for dissolution of marriage before the Court of District Judge, Sikar which was dismissed on 7.4.2004 by a judgment and decree by the learned District Judge, Sikar against which applicant No. 1 Shambhu has preferred the instant appeal under Section 28 of the Hindu Marriage Act. But, now during the pendency of this appeal, compromise has taken place between the parties and both of them have mutually agreed to dissolve their marriage by way of filing this application for dissolution of their marriage by mutual consent. 4. Since both the parties have entered into an agreement and the respondent husband has undertaken to make the payment of Rs. 4,70,000/- against permanent alimony, in case he makes the aforesaid payment to the wife Smt. Jeevni, then the marriage between the parties by a decree of divorce under Section 13 13(1) of the Hindu Marriage Act, 1955 stands automatically dissolved.Accordingly, the miscellaneous appeal stands disposed of.Appeal Disposed of. *******