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2010 DIGILAW 443 (RAJ)

Saroj v. Shri Devi Singh

2010-02-23

VINEET KOTHARI

body2010
JUDGMENT 1. - This appeal has been filed by the appellant-wife Smt. Saroj against the decree of judicial separation of learned ADJ Bali, District Pali on 19.8.2008. 2. The marriage between the parties Devi Singh and Saroj took place as per Hidu Rites on 5.6.1994. The couple did not get any issue and after living together for some period, the dispute arose. It is said that after about two years, the appellant-wife left the matrimonial home and since then they are living separately. The respondent-husband Devi Singh is working as a cook in Bombay for some time and does similar casual work in State of Rajasthan. There were various allegations against the appellant-wife in the application under Section 13(i)(ia) for divorce including mental cruelty and desertion by the appellant-wife. 3. The learned court below instead of giving a decree of divorce under Section 13(i)(ia) of Hindu Marriage Act granted decree of judicial separation under the Act. This Court in order to explore the possibility of compromise between the parties called both the parties and accordingly the parties are present in Court. After arguing at some length, the counsels felt advised to put an end to the dispute by mutual settlement between the parties and for that the respondent-husband Devi Singh agreed to give a permanent alimony of Rs. 1,50,000/- to the appellant-wife provided the decree of judicial separation is converted to decree of divorce under Section 13(1)(a) of the Act. 4. Though initially the appellant-wife Saroj, who has come with her brother and presently she is living with him insisted for payment of permanent alimony to Rs. 3 to 4 lacs. However, after some discussions, she agreed to the aforesaid payment of Rs. 1,50,000/-. 5. Having gone through the record and after hearing learned counsels at some length and after some interaction with the parties present in Court, this Court directs that the marriage between the two parties took place on 5.6.1994 be dissolved by decree of divorce under Section 13(1)(a) of the Act subject to payment of permanent alimony by the respondent-husband Shri Devi Singh of Rs. 1,50,000/- to the appellant Smt. Saroj within a period of 6 months from today. The said payment may be made either in installments or in lump sum as per the convenience of the respondent-husband. 1,50,000/- to the appellant Smt. Saroj within a period of 6 months from today. The said payment may be made either in installments or in lump sum as per the convenience of the respondent-husband. However, if the said payment of permanent alimony is not made within six months from today i.e. 31st August, 2010, this decree of divorce shall be treated as nonest and the appellant-wife shall be free to initiate contempt proceedings against the respondent-husband before this Court, besides undertaking execution of the decree of permanent alimony with full and final settlement of all the dues of maintenance also. 6. The appellant-wife also stated that at the time of her leaving matrimonial home on account of matrimonial dispute, about 5 tolas of gold ornaments including one chain and gold ring were left in the matrimonial home of respondent Devi Singh and that also deserves to be returned back to her. Mr. Devi Singh, respondent-husband, however, denies this and submits that he does not have any of the gold ornaments with him. 7. This Court is of the view that there is no reason to disbelieve the version of the appellant-wife that 5 tolas of gold ornaments may still be with the respondent-husband Devi Singh. The respondent-husband is accordingly directed either to return these gold ornaments weighing 5 tolas of gold within a period of two week from today to the appellant-wife. If no such ornaments are returned, he shall further pay a sum of Rs. 1,00,000/- in addition to Rs. 1,50,000/- as stated above within the aforesaid period of six months from today. The said sum of Rs. 1,00,000/- additionally is directed to be paid as to cover up any such gold ornaments or any household articles which might be 'Stridhan' of appellant Saroj left in her matrimonial home of respondent-husband Devi Singh at the time of leaving such matrimonial home. 8. This Civil Misc. Appeal is accordingly disposed of.Appeal Disposed of. *******