R.S.VERMA,J. - (1.) THE parties have moved a joint petition today inter alia starting that the parties have been living separately since 7.8.1980 and it is not possible for them to live together. It is further stated that there are no chances of the parties resuming their marital life. It is further stated that the parties pray for decree for divorce by mutual consent and the same be granted on the following terms and conditions: (a) That the appellant shall pay to the respondent a sum of Rs. 75,000/ -(Rupees seventy five thousand only) as permanent alimony and the said sum shall be in full and final settlement of all rights and obligations arising out of the wedlock, including 'Stridhan' etc.; (b) That the respondent hereafter shall neither make any claim nor shall be entitled to any claim against the appellant; (c) That the respondent shall hereafter from the month of July, 94, onwards be not entitled to the sum of Rs. 400/ - being paid to her as monthly maintenance by the appellant in compliance of the order dated 31.1.1983 of the Special Judicial Magistrate, Aligarh, passed in proceedings under Section 125 Cr.P.C; (d) That the applicant -opposite parties to the appeal undertake to withdraw any proceedings, if any, pending in any Court of law; (e) That the applicant -opposite parties to the appeal further undertake to bear their own costs and expenses of the appeal throughout.
(2.) THE parties have stated that consent has not been obtained by any force, fraud or influence or collusion. Both the parties have signed and verified the compromise petition before the Court and they have been identified by their respective Advocates, namely, Sarva Shri Amod Kasliwal and S.P. Tyagi. Two bank drafts, namely, Bank Draft No. 583214 dated 6.7.1994 drawn on State Back of India, Aligarh, for a sum of Rs. 45,000/ - (Rupees forty five thousand only) and another Bank Draft No. 008391 dated 6.7.1991 drawn on Bank of Baroda, Aligarh, for a sum of Rs. 30,000/ - (Rupees thirty thousand only), from Hari Prakash Mishra, has been paid in full and final settlement by the appellant to respondent Smt. Shakuntala. She has submitted a receipt for the two bank drafts. The same has been signed by her in presence of the Court and she has been identified by other Advocate -Shri S.P. Tyagi.
(3.) IN facts and circumstances of the case, particularly keeping in view the facts that the parties have been living separately from 7.8.1980 and there are no chances that the parties resuming their marital life, and keeping the fact in view that there is no collusion between the parties, I deem it to be a fit case to grant a decree of divorce and dissolve the marriage of the parties with immediate effect. The payments made to Smt. Shakuntala shall be final settlement of her claims against her husband and she will not be entitled to the maintenance being paid to her monthly at Rs. 400/ - per month in compliance of the order dated 31.1.1983 of the Special Judicial Magistrate, Aligarh, passed in proceedings under Section 125 Cr.P.C. In light of the aforesaid compromise, the judgment and decree of the learned District Judge, Kota, dated 17.5.85 is set aside, and the petition filed by Shri Hari Prakash Mishra in the Court of District Judge, Kota, for restitution of conjugal rights is treated as a petition for divorce and the same is decreed in terms mentioned above. A copy of this order may be sent to learned District Judge, Kota, along with record of this case.;