- (1.) By means of this appeal filed under Section 19 of the Family Court Act, the appellant husband has challenged the order dated 6.2.2014 passed by the Principal Judge, Family Court, Ghazipur dismissing the application filed by the parties under Section 13-B of the Hindu Marriage Act (for short the 'Act') for dissolution of marriage on the ground that the respondent-wife did not appear on the date fixed to press the application.
(2.) Facts, in brief, necessary for the purpose are as under : Marriage of the parties was solemnized on 04.03.2009. However, after a short time the relation between them became strained, which resulted in complaint case no. 352/IX of 2011 filed by the respondent wife under Section 498-A read with Section 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Mohammadabad, District Ghazipur in the court of Civil Judge (Junior Division)/Judicial Magistrate, Mohammadabad, Ghazipur. The said proceeding was challenged by the present appellant and other family members by filing an application under Section 482 Cr.P.C. being no. 34972 of 2012. Learned single Judge vide order dated 12.10.2012 referred the dispute between the parties to the Mediation and Conciliation Centre of this Court. Proceedings before the Mediation Centre ended into a compromise between the parties and the Centre submitted a report dated 24.7.2013 disclosing that the mediation was successfully completed and parties have settled their dispute. The report was accompanied by a settlement containing terms of the agreement between the parties dated 24.7.2013 duly signed by both husband and wife who were identified by their respective counsel. Relevant clause of the agreement between the parties i.e. clause (6) and (7) are reproduced hereunder : "6. The following settlement has been arrived at between the parties hereto :- a. That the marriage of Sri Manoj Kumar Singh Yadav (Applicant No.1-husband) and Smt. Seema Devi (O.P. No.2-wife) was solemnized on March 04, 2009. After some time of their marriage the relation between the husband and wife became strained and some matrimonial disputes and differences arose between them. No issue was born out of their wedlock. b. That Sri Manoj Kumar Singh Yadav (Applicant No.1-husband) and Smt. Seema Devi (O.P.No.2-Wife) have decided to live separtately after taking a permanent alimony of Rs.2,70,000/- (Rupees two lakhs seventy thousand only). In this pursuance the interim agreement was made between the parties on 22.05.2013. c. That in pursuance of interim agreement dated 22.05.2013 and 08.06.2013, both the husband and wife filed a divorce petition mutually under section 13-B of Hindu Marriage Act, before learned District Judge, Ghazipur, on 16.07.2013 bearing no.245 of 2013 (Smt. Seema Devi Vs. Manoj Kumar Singh Yadav), in this suit the next date has been fixed on 17.01.2014. d. That the applicant no.1/husband produced two demand drafts, bearing demand draft no.473437 dated 23.05.2013 of Rs.1,30,000/- and the demand draft no.473438 dated 27.05.2013 of Rs.1,40,000/-, both payable at State Bank of India Branch Ghazipur at district Ghazipur, which were detained with the file before the Mediation Centre and today i.e. 24.07.2013, both the detained bank drafts are being handed over to Smt. Seema Devi (O.P.No.2-wife) as a permanent alimony. This is the full and final payment from the side of husband to the wife, now she will not be entitled to claim any kind of maintenance etc. e. That in view of above noted conditions of this agreement between the parties, both the parties agree that they will withdraw/get dismissed/quashed all civil and criminal cases filed by them against each other, by filing suitable application before the court concerned. 7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Application No.34972 of 2012 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
(3.) In pursuance of the interim agreement dated 22.5.2013 and 8.6.2013, both the parties made an application dated 16.7.2013 under Section 13-B(1) of the Act before the District Judge, Ghazipur which was registered as case no. 245/2013 (Smt. Seema Devi vs. Manoj Kumar Singh Yadav) seeking a dissolution of marriage by a decree of divorce by mutual consent. The application was fixed for 6.2.2014 after expiry of six months from the date of presentation in accordance with the provision of Section 13-B(2) of the Act. On the said date, the respondent-wife did not appear and the Family Court vide impugned order dismissed the application on the ground that the applicant Smt. Seema Devi (respondent herein) has not appeared to press the application.;