Research › Search › Judgment

Rajasthan High Court · body

2015 DIGILAW 374 (RAJ)

Anshuman Chowdhary v. Mamta

2015-02-10

AJAY RASTOGI, J.K.RANKA

body2015
JUDGMENT 1. Matter comes up on misc. application No.1454 dt.19.01.2015 for dissolution of marriage by mutual consent. 2. Instant Misc. Appeal has been filed u/S.19 of the Family Court's Act, 1984 against judgment of the ld. Family Court dt.25.05.2013 dismissing the application filed by the appellant seeking divorce u/S.13(1)(i-a) of the Hindu Marriage Act, 1955. 3. Brief facts of the case are that the appellant's marriage was solemnized with the respondent on 06.02.2003 as per Hindu rites & customs. However, because of some alleged matrimonial discord, the application came to be filed by the appellant seeking divorce u/S.13(1)(i-a) of the Act, 1955 on 11.10.2006 and that came to be dismissed vide judgment dt.25.05.2013 and that is subject matter of challenge in the instant appeal. 4. After the notices of the present appeal came to be served, the respondent appeared and this court was prima facie of the view that there is full possibility of their matrimonial dispute could be resolved through the process of mediation and they may take their own decision as their future career is awaiting decision and after the parties appeared before the Mediation Center, they mutually agreed to dissolve their marriage by consent u/S.13-B of the Act, 1955 on certain agreed terms & conditions. 5. Both the parties are present before the court and terms & conditions on which mutual consent has been arrived at by the parties, signed by them and attested by their respective counsel, is also on record. Both the parties jointly submit that they have signed the application with free will and consent as it is not possible for each of them to live together and made a joint request to dissolve their marriage on their mutual consent u/S.13-B of the Act, 1955. 6. Indisputably, marriage of the parties was solemnized on 06.02.2003 and divorce petition was filed on 11.10.2006 which later on transferred to the ld.Family Court, Jaipur on 15.09.2008 and we find that looking to the long pending litigation, the pre-condition of 13-B of the Act, 1955 has also been complied with and in the interest of justice and as the parties agreed by mutual consent to dissolve their marriage u/S.13-B of the Act, which they are willingly accept, can be granted by this court. 7. 7. Taking note of the terms & conditions and so also the fact that in full & final settlement of the matrimonial dispute and claim under all heads and as agreed by the parties on payment of Rs. 30,00,000/- (Rupees Thirty Lakhs Only) and that has been tendered by appellant through a Demand Draft No.205290 dt.17.01.2015 of ICICI Bank in favour of the respondent Smt.Mamta Chaudhary, the misc. application No.1454 dt.19.01.2015 filed jointly by the parties for dissolution of their marriage by mutual consent stands allowed. 8. Let the original Demand Draft No.205290 dt.17.01.2015 be handed over to the respondent Smt.Mamta Choudhary. We record that the marriage of the parties solemnized on 06.02.2003, in the light of their mutual consent to dissolve the marriage u/S.13-B of the Act, 1955 stands dissolved by the order of this court and necessary decree may be issued by the office in compliance thereof. 9. Since the parties have mutually agreed to dissolve their marriage, both of them waived their allegations levelled against each other.With these directions, the instant appeal stands disposed of.Appeal dispose of. *******