Gurbax Rai Majithia, J. - (1.) This appeal is directed against the judgment and decree of District Judge, Faridabad, dated September 6, 1991, dissolving the marriage of the parties to the lis. without going into the merits of the allegations and counter allegations, in the light of the Referee's verdict.
(2.) The appellant/husband (hereinafter the husband) filed a petition Under Sec. 9 of the Hindu Marriage Act, 1955 (for short, the Act) against the respondent -wife (hereinafter the wife) for restitution of conjugal rights. The wife filed counter -claim petition Under Sec. 23A of the Act seeking relief Under Sec. 13 for dissolution of marriage by a decree of divorce. During the pendency of these petitions, the husband and his counsel made the following statement before the matrimonial Court on August 2,1991: - "On involving a number of our relations and common friends, we tried to sort out our differences but unfortunately our efforts proved futile. All the same we have not yet lost hope and have, therefore, agreed to appoint Shri. R.S. Bhatia, Retired District and Sessions Judge, now residing in Sector -9 at Faridabad as our sole Referee. We shall present our respective versions before him and abide by his verdict in its letters and spirit on all of our matrimonial disputes. The matter may kindly be referred to him. We shall pay him some remuneration also in equal proportions but the quantum may please be fixed by the Court." On the same day, the wife and her counsel made the following statement before the Matrimonial Court: - "We have heard and appraised the statement of the petitioner. We accept it as a faithful representation on our agreement. The matter may please be handed over to our Referee Shri. R.S. Bhatia." In the light of these statements, the Matrimonial Court appointed Shri R.S. Bhatia, a retired District and Sessions Judge, as the sole Referee of the parties vide order dated August 2, 1991. The same reads thus: - " In the light of the above recorded statements of the parties and on hearing them, I hereby approve their proposal to refer the matter to their sole Referee Shri R.S. Bhatia, Retired District and Sessions Judge. Both the parties shall present their respective versions before him and shall abide by his verdict on all issues pertaining to their matrimonial disputes. A consolidated fee of Rs. 660/ - (Rupees six hundred and sixty) only shall be paid to him by both the parties in equal proportions. At this stage, on being called Shri R.S. Bhatia agreed to take up the matter as the sole referee of the parties. He has assured the Court to give his verdict at the earliest available opportunity. Now to come up on 6.9.1991 for scrutiny." It also bears the signature of Shri R.S. Bhatia The Referee Shri. R.S. Bhatia submitted his award/report dated August 20, 1991. The same reads thus: - I was appointed Sole Referee by this Hon'ble Court, vide order dated 2.8.91 to give verdict with regard to the matrimonial disputes between the parties. 2. Both the parties alongwith their friends and relatives appeared before me on 9.8.91 at 9.00 AM. The list from bridegroom's side is as under: - 1. Sh. Raj Kumar, the husband. 2. Sh. Krishan Murari (father of Raj Kumar), 3. Sh. Shyam Behari (uncle of Raj Kumar), 4. Sh. Jai Shiv Hari (uncle of Raj Kumar), 5. Sh. Brij Behari Bansal, 6. Sh. Tulsi Ram Bansal. From Bride's side: - 1. Smt. Anjaria Gupta, the wife, 2. Sh. Trilok Chand (father of Anjana) 3. Sh. S.C. Goel (uncle of Anjana) 4. Sh. Pushkar Raj Gupta (brother of Anjana) 5. Shri Vinod Goel, Advocate, Counsel for Aajana.
(3.) I heard the parties and their companions in details and perused the pleadings of the parties in the matrimonial file and went through the papers relating to the case Under Sec. 498A, I.P.C. However, it was agreed by both sides that one adjournment should be given so that one more attempt to compromise the matter could be made. They said they would bring some more respectables with them on the next hearing. Accordingly, the matter was adjourned to 18.8.1991; the date of the choice of both the parties. On the insistence of the bridegroom's side, the time of the meeting was fixed as 11.00 A.M they said they could not come earlier.;