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2010 DIGILAW 2062 (PNJ)

Neeraj Dora v. Jyoti Dora

2010-07-19

RAJESH BINDAL

body2010
JUDGMENT Rajesh Bindal J. - Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the appellant 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. 2. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 7.3.2000 at Surat. The marriage was consummated and one female child, namely, Dishti was born out of the wedlock and she is living with the respondent wife. 3. Today both the parties were present in Court. Their joint statement recorded separately in the court is extracted below:- “Our marriage was solemnised as per Hindu Rites on 7.3.2000 at Surat. A female child Dishti was born out of our wedlock on 11.1.2001. We are living separate since 3.7.2000. A petition for divorce filed by the husband before the Civil Court, Senior Division, Surat was transferred to Chandigarh on the application of respondent wife. The learned Additional District Judge, Chandigarh dismissed the divorce petition. Thereafter, the appellant husband filed appeal bearing against that judgment and decree which is pending in this court. Now the matter in dispute has been settled and we have decided to part ways. A sum of ` 20,000,00/-(Rupees twenty lacs) has been settled as past, present and future maintenance payable to the respondent wife for herself as well as for the minor daughter who is in the custody of the respondent wife. She will not claim any amount as maintenance for herself as well as for the minor daughter Dishti from husband Neeraj Dora. It has also been agreed that custody of the minor daughter will remain with the mother. The husband appellant handed over a bank draft bearing no. 907158 dated 10.7.2010 of ` 20,00,000/-drawn at IndusInd Bank Limited, Surat Branch, in favour of Jyoti Dora, payable at Chandigarh. Out of the amount received, ` 5 lacs shall be deposited by the wife in the name of the minor daughter in a nationalized bank to remain intact till she attains the age of majority. Thereafter, she can deal with the same in the manner she likes. Out of the amount received, ` 5 lacs shall be deposited by the wife in the name of the minor daughter in a nationalized bank to remain intact till she attains the age of majority. Thereafter, she can deal with the same in the manner she likes. The wife shall bear all the expenses for the education and day today needs of the daughter. Both the parties have agreed to withdraw the litigation pending against each other. We have no objection if a decree of divorce by way of mutual consent is passed.” 4. It is the admitted case of the parties that they are living separate since 3.7.2000. Petition for divorce was filed by the husband in the year 2003 initially on the ground of cruelty. As per their statement, it has been agreed between them that the child will live with the mother and she has received ` 20,00,000/-as past, present and future maintenance for herself and on behalf of the child. Out of the amount received, ` 5 lacs shall be deposited by the wife in the name of the minor Dishti in a nationalised bank to remain intact till she attains the age of majority. Thereafter, she can deal with the same in the manner she likes. The respondent wife will bear all the expenses for the education and day today needs of the child. The wife will not claim any amount as maintenance from the appellant Neeraj Dora. Both the parties have agreed to withdraw the litigation pending against each other. The parties have no objection if a decree of divorce by way of mutual consent is passed. 5. The statement of both the parties was not found to be under any pressure or coercion. 6. 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 Neeraj Dora son of Amar Nath Dora with Jyoti. 7. The appeal stands disposed of accordingly. Decree sheet be prepared.