SUMAN Vs. ASHOK CHHAJER

JUDGEMENT

(1.) This appeal has been filed by the appellant wife Smt. Suman W/o Ashok Chhajer, D/o Late Shri lal Chand tater, R/o Adsar Bas, Sridungargarh (Bikaner), in which, the appellant has challenged the judgment and decree dated 16.12.2008 passed by the Addl. District Judge No.2, Bikaner whereby upon application filed u/Sec. 13 of the Hindu Marriage act the learned trial Judge passed order u/Sec. 10 of the Hindu Marriage Act by which decree for judicial separation has been ordered. The prayer of the appellant is that the said judgment and decree dated 16.12.2008 may be modified to the extent that decree of divorce may be granted and application filed u/Sec. 13 of the Hindu Marriage Act, 1955 for getting divorce decree against the respondent may be allowed.

(2.) In this appeal, after issuance of notice, Mr. D.D. Chitlangi appeared on behalf of the respondent and during course of arguments, a prayer was made by both the parties for passing compromise decree for divorce and, the same, written mutual consent has been furnished in the Court. It is submitted by both the parties that it is not possible for both of them to live together, therefore, consent divorce decree may be passed and, for the said purpose, on 18.11.2009, compromise deed was filed and the same was verified by the Deputy Registrar (Judl.) on 18.11.2009, which is on record.

(3.) Upon perusal of the compromise application, it is revealed that undisputedly appellant is not living with respondent since 2004 and filed divorce petition before the District Judge, Bikaner on 16.8.2008, upon which, the judgment impugned was passed on 16.12.2008. It is stated in para 4 of the application that Smt. Suman has received back all her dowry articles, stridhan,domestic appliance, furniture, jewellery and other goods and there is no claim of appellant Smt. Suman against the respondent Shri Ashok Chhajer for anything whatsoever. Further, it is mentioned in para 4 that appellant has relinquished all maintenance claim of herself and minor child Aman living with the appellant and of her even in relation to grant of alimony pendent-life and permanent alimony and maintenance allowance of her son Aman for the past and future.