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Rajasthan High Court · body

2019 DIGILAW 570 (RAJ)

Gurmohan Kataria v. Sonu Rani

2019-02-18

DINESH MEHTA, SANGEET LODHA

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JUDGMENT 1. The appeal is reported to be barred by limitation for 69 days. It is accompanied by an application under Section 5 of the Limitation Act. 2. The application is not opposed by the respondent. 3. Accordingly, the application under Section 5 of the Limitation Act is allowed. The delay in filing the appeal is condoned. 4. This appeal is directed against the judgment and decree dated 4.4.18 passed by the Family Court, Sriganganagar in Civil Misc. Case No. 624/16 whereby the application preferred by the parties to the appeal under Section 13-B of the Hindu Marriage Act, 1955 seeking dissolution of marriage by mutual consent, stands rejected inasmuch as the consent given for dissolution of marriage was withdrawn by the respondent Sonu Rani at the time of second motion. However, indisputably, in terms of the settlement, a sum of Rs. 3,70,000/- was paid by the appellant herein to the respondent. 5. On 22.1.19, learned counsel appearing for the parties submitted that there is possibility of amicable settlement of the dispute between the parties and therefore, the matter may be referred to the Mediation Centre of this Court. The matter was accordingly, referred to the Mediation Centre. 6. Pursuant to the order passed as aforesaid by this Court, the parties appeared before the Mediator appointed by the Judge Incharge, of the Mediation Centre of this Court. 7. Before the Mediator, the appellant and the respondent agreed for dissolution of marriage with mutual consent while the respondent accepting that in terms of the settlement she has already received a sum of Rs. 3,70,000/- as full and final payment towards her all entitlements flowing from dissolution of marriage. 8. Keeping in view the settlement arrived at between the parties before the Mediator, vide order dated 15.2.19, the parties were directed to remain present before this Court. 9. Today, the appellant and the respondent both are present before this Court. On being conferred, they have stated in unequivocal terms that they want the dissolution of marriage with mutual consent in terms of the settlement arrived at before the Family Court, which are reiterated in the settlement arrived at before the Mediator appointed by this Court. 10. In this view of the matter, the appeal is allowed. The judgment and decree dated 4.4.18 passed by the Family Court, Sriganganagar in Civil Misc. 10. In this view of the matter, the appeal is allowed. The judgment and decree dated 4.4.18 passed by the Family Court, Sriganganagar in Civil Misc. Case No. 624/16 rejecting the application preferred by the parties under Section 13-B of the Hindu Marriage Act, 1955, is set aside. The marriage between the parties is hereby ordered to be dissolved with mutual consent in terms of the settlement arrived at before the Mediator. The decree shall be prepared accordingly.