R.S.MONGIA, J. - (1.) THE marriage between Mr. Lalit Kumai alias Manga son of Shri Swaran Kumar Mishra and Ms. Sushma Sharma was solemnised according to Hindu rites on 4th May, 1992. Because of some differences, temperamental and otherwise, the marriage between the parties entered into rough waters and continuing with the matrimonial bondage became impossible. Since 17th January, 1993, the husband and the wife have been living separately. The wife has been staying with her parents. The parents of Lalit Kumar are dead and he was brought up by his father's sister i. e. Bhua, namely Kanta Junga.
(2.) MS . Sushma Sharma lodged an F. I. R. No. 460 dated 26th November, 1993, against Lalit Kumar, his aunt Kanta Junga and Ms. Kanta Junga's daughter, Miss Meenu Junga at Police Station Bahadurgarh, District Rohtak, under Sections 498-A and 406 of the India Penal Code. The challan had been put in and the proceedings are pending before the Judicial Magistrate, Bahadurgarh. Criminal Misc. Application No. 981-M of 1994 was moved by Lalit Kumar under Section 482 of the Code of Criminal Procedure for quashing the proceedings against them arising out of the above mentioned F. I. R. The said case had come up for hearing before me. After hearing the learned counsel for the parties at length, I tried to bring about a compromise between the parties to end all litigation. The parties who came present in Court submitted that it was a case of broken marriage and there was no likelihood of the matrimonial bondage continuing any more. The parties showed the desire that they are ready to get the divorce from each other by mutual consent by dissolving their marriage by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Time was given to the parties to consider this aspect more rationally.
(3.) TODAY a joint application has been moved by the parties under Section 13-B of the Hindu Marriage Act, praying that the marriage between the parties be dissolved by a decree of divorce by mutual consent. I have recorded the statements of Ms. Sushma Sharma as well as of Lalit Kumar. Lalit Kumar has paid a sum of Rs. 1 lack to Ms. Sushma Sharma by way of two Bank drafts of Rs. 50,000/-each drawn in her favour towards permanent alimony, and Ms. Sushma Sharma has stated that she will have no claim whatsoever against Lalit Kumar towards any further maintenance or of any other kind.;