BHAWNA ANAND Vs. RAHIL KUMAR JAWA
LAWS(RAJ)-2019-9-32
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on September 25,2019

Bhawna Anand Appellant
VERSUS
Rahil Kumar Jawa Respondents

JUDGEMENT

NARENDRA SINGH DHADDHA,J. - (1.) Both the appellant-wife and the respondent-husband are present in the Court. They have signed the court proceedings. They have been identified by their respective counsel. Both the parties have agreed to get get their disputes resolved as per the settlement entered between them.
(2.) This appeal on behalf of the appellant-wife is directed against the judgment and decree dated 30.03.2019 of the learned Judge, Family Court No.2, Jaipur, in Case No.966/2016 (NCV No.01/2017) titled Rahil Kumar Jawa Vs. Bhawna Anand, whereby the learned Judge declared the marriage of the appellant-wife with the respondent-husband solemnized on 08.07.2014 in Arya Samaj Mandir, Tis Hazari, Delhi, to be annulled under Section 11 of the Hindu Marriage Act, 1955.
(3.) Both the parties with the persuasion of their learned counsel have arrived at an amicable settlement, and pursuant to which they have filed an application containing the term of the settlement arrived between them today, which reads as under:- "The humble appellant as well as humble respondent most respectfully submit as under:- 1. That the appellant has filed the above mentioned appeal challenging judgment and decree dated 30.03.2019 passed by Ld. Family Court No.2, Jaipur in the application filed by the respondent under Section 11 of the Hindu Marriage Act by which the marriage of the appellant with the respondent was declared null and void. 2. That both the parties want to live peacefully in future hence filing this application to convert the proceedings under Section 13B of Hindu Marriage Act from mutual divorce. 3. That the appellant undertakes that she will withdraw all the cases filed by her in different courts/police station the detail of the cases are as under:- A. Criminal writ petition no.1974/2017 pending before Delhi High Court. B. FIR No.564/2016 lodged at Police Station Prashant Vihar, Rohini, New Delhi for offence under section 498A, 406 and 420 IPC. C. Domestic Violence Case No.9234/2016 titled as Bhawna Versus Rahil. D. Case No.333/2017 filed under section 125 Cr.P.C. E. Criminal Revision No.178/2019 filed against order dated 05.04.2019 in domestic violence Act case. F. Complaint no.565/2017 filed under Section 376 IPC before Metropolitan Magistrate, Delhi in which cognizance has not been taken till date. 4. That the respondent undertakes that he will withdraw all the cases filed by him in different courts/police station. The detail of the cases are as under:- A. Criminal Misc. Petition filed under section 482 Cr.P.C. pending before Rajasthan High Court. B. FIR No.357/2019 lodged at Police Station Ashok Nagar, District Jaipur. C. Defamation Case filed by the respondent in which matter is at the state of inquiry under Section 202 Cr.P.C. 5. That the appellant undertakes that she will not claim any maintenance/permanent alimony from respondents and will also not make any claim in the movable and immovable properties of the respondent and his family members. 6. That both the parties undertakes that they will not file any case against each other in future. 7. That both the parties undertakes that they will withdraw their respective cases within the period of one month and both the parties shall cooperate each other for withdrawal of the cases. 8. That the appellant undertakes that she will made herself available in India as and when it is required for disposal of the cases filed by both the parties. 9. That both the parties undertakes that if any party violates the terms and conditions of this amicable settlement then other party will have the right to file contempt petition before this Hon'ble Court. After serving seven days notice through registered posts. 10. That both the parties request to this Hon'ble Court to decide the above mentioned appeal on the basis of this amicable settlement by dissolving their marriage dated 08.07.2014 with mutual consent. In view of the above settlement, the parties have agreed to withdraw the cases registered against each other. The appellant-wife shall withdraw the cases mentioned in para 3 of the settlement and the respondent-husband shall withdraw the cases mentioned in para 4 of the settlement. The appellant-wife has also agreed that she will not claim any maintenance/permanent alimony from the respondent-husband and will also not make any claim in the movable and immovable properties of the respondent-husband and his family members. ;


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