Rajive Bhalla J. - (1.) Prayer in this petition, filed under Section 13-B of the Hindu Marriage Act, 1955 (for short the 1955 Act) is for dissolution of marriage by grant of a decree of divorce with mutual consent.
(2.) The petitioners were married on 18.4.2004. On account of matrimonial differences, Niket Nagar filed a petition under Section 13 of the 1955 Act for grant of a decree of divorce. Kusum filed a petition under Section 9 of the 1955 Act, for restitution of conjugal rights. Vide order dated 17.5.2010, the learned District Judge, Faridabad accepted the petition for restitution of conjugal rights and dismissed the petition for grant of divorce. During pendency of this appeal, parties have resolved their matrimonial differences and, in furtherance thereof, have filed CM No.5014-CII of 2012 for converting the petition for grant of divorce to a petition for grant of divorce under Section 13B of the 1955 Act, by mutual consent. The application was allowed on 2.3.2012. The terms and conditions of settlement are as follows: "At the time of arguments it is stated by counsel for the parties that the matter has amicably been settled. The appellant and the respondent both are present in Court. It is stated that the appellant shall pay an amount of Rs.span 9,00,000/- (Rupees nine lacs only) towards full and final settlement of the dispute between the parties. A post dated cheque for an amount of Rs.span 4,50,000/- (rupees four lac and fifty thousand only) has been handed over to the respondent by the appellant today in Court. Rest of the amount shall be paid when FIR registered under Section 498A of the Indian Penal is quashed. The parties are directed to file a joint application under Section 13-B of the Hindu Marriage Act for divorce and also to move an application for quashing the FIR. Car bearing registration No.UP-70AC-4250 shall also be transferred by the appellant in the name of the respondent in the meantime."
(3.) The appellant has brought a demand draft of Rs.span 4,50,000/- which has been handed over to Kusum Nagar, who is present in Court, along with her father V.N. Pandey. We have recorded the separate statements of Niket Nagar and Kusum Nagar, which read as follows: "Statement of Niket Nagar S/o Rajni Kant Nagar, resident of House No.2B/2, Drummond Road, Civil Lines, Allahabad (UP) on SA. I got married on 18.4.2004 with Kusum Nagar d/o Vijay Narain Pandey but on account of matrimonial differences we have been litigating in various Courts, both Civil and Criminal. We have been living separately since 4.7.2005. During pendency of this appeal, we have resolved our differences and have agreed that our marriage may be dissolved by grant of decree of divorce with mutual consent. We have reconsidered the matter and have arrived at a conclusion that it is not possible for us to reside together as husband and wife and, therefore, pray that our marriage be ordered to be dissolved by grant of decree of divorce with mutual consent." "Statement of Kusum Nagar W/o Niket Nagar D/o Vijay Narain Pandey resident of House No.947, Sector 16, Faridabad on SA. I got married on 18.4.2004 with Niket Nagar S/o Rajni Kant Nagar but on account of matrimonial differences we have been litigating in various Courts, both Civil and Criminal. We have been living separately since 4.7.2005. During pendency of this appeal, we have resolved our differences and have agreed that our marriage may be dissolved by grant of decree of divorce with mutual consent. We have reconsidered the matter and have arrived at a conclusion that it is not possible for us to reside together as husband and wife and, therefore, pray that our marriage be ordered to be dissolved by grant of decree of divorce with mutual consent.";