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2015 DIGILAW 1032 (RAJ)

Krishna Saini v. Manoj Kumar Saini

2015-05-11

AJAY RASTOGI, J.K.RANKA

body2015
JUDGMENT 1. - In the instant case, both the parties have come-forward without any previous reservations with open mind and have resolved their matrimonial ongoing dispute through the process of mediation which is one of the effective and alternative mechanism for resolving the personal/family dispute. 2. Instant appeals have been preferred against the order passed by the Family Court No.1, Jaipur on an application filed by the appellant-wife Ms. Krishna Saini u/S. 13 of Hindu Marriage Act, seeking divorce and at the same time another application was filed by the respondent-husband Mr. Manoj Kumar Saini u/S. 9 of Hindu Marriage Act for restitution of conjugal rights. 3. The Family Court after adjudicating on both two applications, reference of which has been made supra, allowed the application filed by the respondent-husband Mr. Manoj Kumar Saini u/S. 9 of Hindu Marriage Act for restitution of conjugal rights and at the same time dismissed the application filed by the appellant-wife Ms. Krishna Saini u/S. 13 of Hindu Marriage Act by common judgment dated 01/04/2011 and both the two present appeals have been preferred by the appellant separately against rejection of her respective claims u/S. 9 and 13 of Hindu Marriage Act. 4. The undisputed fact which can be noticed from the records are that their marriage was solemnized on 09/03/2008 and it is unfortunate that they could not continue with their matrimonial relations from the very inception and manifold litigations were filed against each other and at the last the appellant-wife Ms. Krishna Saini filed an application u/S. 13 of Hindu Marriage Act seeking divorce on 29/06/2010 and at the same time the respondent-husband also filed an application u/S. 9 of Hindu Marriage Act for restitution of conjugal rights and both the applications came to be decided by a common judgment dated 01/04/2011, which is the subject matter of challenge herein in these two separate appeals by the same parties. 5. 5. After the parties were called upon, we were of the view that looking to the fact that their matrimonial relations could not be continued because of some reason which is not supposed to be indicated any further but it is very unfortunate that both of them suffered a lot because of discord in their matrimonial relations and we were of the view that there is full possibility of their matrimonial dispute which could be resolved through the process of mediation and provided opportunity to both of them to take assistance from their respective counsel and they too may come with a open mind to reconsider/reconcile without keeping personal prejudices against each other and to what happened in the past and we record our satisfaction that counsel for the parties have provided their assistance to their clients and spouse also came forward to consider as to whether in the present facts and circumstances, it is at all feasible to continue with their matrimonial relations and after they have discussed in detail and are fully matured in taking their decision which may be in their own welfare and finally they have compromised to resolve their litigations pending in respective court by single stroke of withdrawing the complaints/petitions filed against each other and they have agreed that they do not want to continue any of the matter pending in Court any more and both have also agreed before the Court that it is really a sorry state of affairs that at one point of time they have made allegations against each other but they have given second thought and jointly submit that they both want to withdraw their allegations levelled against each other so that they can start their new life. 6. 6. Taking note of the fact that their marriage was solemnized on 09/03/2008 and they are in the present litigation since 26/06/2010 and almost 5 years rolled by now and as regards the period which has been consumed can be considered in entertaining the application for decree of divorce by mutual consent u/S 13B of the Act and we find that they are in litigation before this Court for sufficient long time and the parties needs separation by mutual consent through process of mediation, the very object of grant of decree of divorce by mutual consent in the facts of the instant case, has been complied with and taking note of the view which the parties presently expressed in court (supra) and also the written compromise filed at their behest, we too are satisfied that both of them have taken their decision with free mind and are not under any compulsion and taking note thereof, we are of the view that their joint request to grant divorce by mutial u/S. 13B of the Act deserves acceptance. 7. Appellant-wife Ms. Krishna Saini submits that she will withdraw her protest petition arising from FIR No.537/2008 which is pending before the ACJ (JD) MM 11, Jaipur. 8. Consequently, both the appeals stand disposed of in the terms as indicated above and they are entitled to seek decree of divorce by mutual consent u/S. 13B of Hindu Marriage Act and as a consequence thereof their marriage solemnized on 09/03/2008 stands dissolved by mutual consent. Let the parties may comply with the terms and conditions on which the written compromise has been arrived at by the parties. 9. Registry is directed to prepare the decree of divorce by mutual consent and the parties are at liberty to obtain certified copy of the written compromise which has been placed on record.Appeals disposed of. *******