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2015 DIGILAW 1966 (RAJ)

Shailendra Khadgata v. Smt. Harsha alias Kavita

2015-11-27

AJAY RASTOGI, J.K.RANKA

body2015
JUDGMENT 1. -Instant appeal has been preferred u/S 19 of the Family Court Act against the judgment & decree of the learned Family Court dated 2-9-2011 rejecting the application filed by the husband u/S 13 of the Hindu Marriage Act ("Act"). 2. After notice of the present appeal came to be served we were of the view that there is full possibility, that the parties may settle their matrimonial dispute through the process of mediation and both volunteered for mediation by consent the matter was sent for mediation and we may record appreciation that not even for the lawyers but the litigants as well voluntarily appeared before the Mediation Centre & amicably resolved their matrimonial dispute within themselves obviously with the intervention of the Mediator who worked as a Facilitator between the parties and that apart the lawyers appearing for their respective clients also used their good office to find out the modalities which could resolve their long ongoing matrimonial dispute. 3. It is informed to this Court that the parties have resolved their matrimonial dispute with their free consent on certain terms & that has been deduced in writing, duly signed by the parties & verified by their respective lawyers. 4. It is true that the Mediator in its report has observed that let application be filed u/'S 13B of the Act seeking decree of divorce by consent but we find that their marriage was solemnized on 8-12-2004 according to Hindu rites & customs and application was filed at the instance of appellant-husband on 2-1-2008 seeking decree of divorce u/S 13 of the Act and they are litigating for almost seven years by now and not only the minimum statutory period but also the cooling period available to the parties as provided u/S 13B of the Act has also been taken care of and as the parties themselves have admitted before this Court to amicably resolve their dispute, which indisputably has been settled within themselves with the intervention of the Mediator. 5. The parties are present before the Court and today also jointly submits that they have amicably resolved their matrimonial dispute and both jointly consented & submits that their marriage solemnized on 8-12-2004 may be dissolved by invoking the provisions of Section 13B of the Act & the decree of divorce by consent may be granted accordingly. 6. 5. The parties are present before the Court and today also jointly submits that they have amicably resolved their matrimonial dispute and both jointly consented & submits that their marriage solemnized on 8-12-2004 may be dissolved by invoking the provisions of Section 13B of the Act & the decree of divorce by consent may be granted accordingly. 6. In the alternative, we could send the parties to file application before the learned Family Court under the Act but taking note of the fact that they are under litigation since January,2008 and both are matured in taking their independent decision & proceed to amicably resolve their dispute with the intervention of the Mediator & they are present before the Court & jointly submits that since they have amicably resolved their matrimonial dispute and consented to dissolve their marriage solemnized on 8-12-2004 by invoking the provisions of Section 13B of the Act under these facts and circumstances we consider it appropriate to grant indulgence jointly prayed for to dissolve their marriage solemnized on 8-12-2004 with their free consent invoking the provisions of Section 13B of the Act. 7. We would like to observe that both the parties present in Court also apologizes for the allegations levelled against each other during pendency of the matter before the learned Family Court and withdraw the same. 8. Consequently, the appeal stands disposed of. The judgment & decree of the learned Family Court dated 2-9-2011 is hereby quashed & set aside. As jointly consented by the parties to dissolve their marriage solemnized on 8-12-2004 invoking the provisions of Section 13B of the Act, of which we have made a reference, their marriage solemnized on 8-12-2004 stands dissolved with free consent of the parties u/S 13B of the Act. Let the Registry may prepare & grant decree of divorce with free consent u/S 13B of the Act within a period of one month from today.Appeal allowed. *******