Vineet Kothari, J. - (1.) THIS appeal has been filed by the appellant -wife Smt. Saroj against the decree of judicial separation of learned ADJ Bali, District Pali on 19.8.2008.
(2.) THE marriage between the parties Devi Singh and Saroj took place as per Hindu Rites on 5.6.1994. The couple did not get any issue and after living together for some period, the dispute arose. It is said that after about two years, the appellant -wife left the matrimonial home and since then they are living separately. The respondent -husband Devi Singh is working as a cook in Bombay for some time and does similar casual work in State of Rajasthan. There were various allegations against the appellant -wife in the application under Section 13(1)(ia) for divorce including mental cruelty and desertion by the appellant -wife. The learned court below instead of giving a decree of divorce under Section 13(1)(ia) of Hindu Marriage Act granted decree of judicial separation under the Act. This Court in order to explore the possibility of compromise between the parties called both the parties and accordingly the parties are present in Court. After arguing at some length, the counsels felt advised to put an end to the dispute by, mutual settlement between the parties and for that the respondent -husband Devi Singh agreed to give a permanent alimony of Rs. 1,50,000/ - to the appellant -wife provided the decree of judicial separation is converted to decree of divorce under Section 13(1)(a) of the Act.
(3.) THOUGH initially the appellant -wife Saroj, who has come with her brother and presently she is living with him insisted for payment of permanent alimony to Rs. 3 to 4 lacs. However, after some discussions, she agreed to the aforesaid payment of Rs. 1,50,000/ -.;