Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 2224 (RAJ)

Jawahar Lal v. Pushpa

2012-11-22

DINESH MAHESHWARI, VINEET KOTHARI

body2012
JUDGMENT : This miscellaneous appeal is directed against the judgment and decree dated 23-8-2011 as passed in CO No. 56/2002 whereby the Family Court No. 1, Jodhpur dismissed the appellant-husband’s petition for dissolution of marriage. 2. In this matter relating to matrimonial dispute, after preliminary hearing on 19-7-2012, it appeared that elements of settlement were available, and, at request, the parties were referred to the Mediation Centre. The parties conferred with the help of the Mediator and arrived at a settlement as stated by the Mediator in his report to the following effect : Parties namely Jawahar Lal and Smt. Pushpa have arrived at a compromise and Sh. Jawahar Lal has agreed to pay Rs. 8,21,000/- as a permanent alimony to Smt. Pushpa for their son and wife. Parties have also agreed that they shall withdraw their cases in the family Court at Jodhpur. 3. Then, during the course of submissions before the Court, further arrangements were considered and ordered in the following : Looking to the congenial atmosphere in which the parties have taken steps to settle the matter and the terms of settlement have been submitted in writing and produced before us, we have suggested to the appellant present with his counsel that the total agreed amount may be immediately paid so as to bring the matter to effective finality. The appellant has agreed to it. As discussed with the parties and their son, it is agreed that the appellant shall take steps in the matter that a sum of Rs. 2,21,000/- out of the agreed amount is paid to the son of the parties and the remaining Rs. 6,00,000/- is paid to the respondent. It is also agreed that arrears, if any, of the maintenance amount hitherto payable shall also be cleared by the appellant. 4. Thereafter, on 23-7-2012, the appellant Jawahar Lal brought two pay orders for the sum of money as agreed but then, before passing of final orders by the Court, the respondent Smt. Pushpa stated several of the apprehensions and prayed for some time to re-think over the matter. Looking to the overall surrounding aspects, she was allowed the time as prayed for and hence, the matter was adjourned. 5. The matter was, thereafter, adjourned several times for one reason or another. In the meantime, the appellant Jawahar Lal orally agreed to make another payment of about Rs. fifty thousand. 6. Looking to the overall surrounding aspects, she was allowed the time as prayed for and hence, the matter was adjourned. 5. The matter was, thereafter, adjourned several times for one reason or another. In the meantime, the appellant Jawahar Lal orally agreed to make another payment of about Rs. fifty thousand. 6. Now, today, the respondent Smt. Pushpa is present before the Court with her son Mr. Arjun and with their counsel Mr. H. S. Balot. It is given out that Smt. Pushpa has realized, even after re-thinking, that there is no possibility of the matrimony to be continued in any manner where the parties are living separate for over 16 years; and the marriage may be dissolved with a decree of divorce while providing for permanent alimony as agreed to. 7. In conformity with the settlement arrived at between the parties, as noticed above, the appellant has got prepared three demand drafts/pay orders, in all in the sum of Rs. 8,70,700/-, the particulars whereof are as under : 1. Pay Order No. 971269 in the sum of Rs. 6,00,000/- in the name of Smt. Pushpa on HDFC Bank; 2. Pay Order No. 971270 in the sum of Rs. 2,21,000/- in the name of Mr. Arjun, son of the parties on HDFC Bank; and 3. Demand Draft No. 208180 in the sum of Rs. 49,700/- in the name of Mr. Arjun, son of the parties, on UCO Bank. 8. The demand drafts/pay orders have been received by Smt. Pushpa through her counsel Shri H. S. Balot. 9. Having regard to the fact situation and the circumstances of the case, we are satisfied that there is no collusion between the parties; and the parties appear to have deserted each other and are living separate since the year 1996; and there is no chance of any revival of the matrimonial relations. We are further satisfied that the settlement as arrived at between the parties is not vitiated for any force, fraud or undue influence. Hence, it is just, proper and in the interest of justice that while accepting the terms of settlement as arrieved at between the parties, their marriage be dissolved with the decree of divorce while allowing the aforesaid amount of Rs. 8,70,000/- towards permanent alimony to the respondent. It is agreed that the amount of Rs. Hence, it is just, proper and in the interest of justice that while accepting the terms of settlement as arrieved at between the parties, their marriage be dissolved with the decree of divorce while allowing the aforesaid amount of Rs. 8,70,000/- towards permanent alimony to the respondent. It is agreed that the amount of Rs. 6,00,000/- as received by Smt. Pushpa in her name shall be placed in a fixed deposit for a period of three years in a Scheduled Bank. We take note of the submissions so made. 10. In view of the above, this appeal is partly allowed and disposed of in the manner that the marriage between the parties stands dissolved by the decree of divorce while awarding a sum of Rs. 8,70,700/- (eight lacs seventy thousand seven hundered) towards permanent alimony to the respondent that has been paid of by the appellant, as noticed hereinabove; and, out of which, an amount of Rs. 2,70,700/- (two lacs seventy thousand seven hundered) has been received by the respondent in the name of her son. 11. It goes without saying that as the relationship between the parties is coming to an end with this decree, the other proceedings for recovery of maintenance shall stand terminated from this date. Though it is broadly given out by the appellant that the amount of maintenance as payable has been cleared off but it is made clear that if any other amount remains due until this date, the appellant shall remain liable to make payment thereof. The parties shall be free to make appropriate submissions before the Family Court in that regard. 12. There shall be no order as to costs of this appeal. Appeal partly allowed.