- (1.) The respondent-wife filed petition for divorce under Section 13 of the Act (No. 612/2015) in the year 2015. The parties in this case were relegated to the mediation where efforts were made for amicable settlement between them, but the same failed. Subsequently, when these matters were listed before the Court, on persuasion of learned counsel appearing for both the parties, the parties have agreed to obtain a decree of divorce by mutual consent on permanent alimony in the sum of Rs. 40,00,000/- (Rupees Forty Lakhs) to be paid by the appellant-husband to the respondent-wife. Such understanding between the parties was also recorded by the Court in its order dated 07.08.2019: "Both learned counsel jointly submit that the parties have compromised the dispute and they have decided to obtain the decree of divorce by mutual consent on permanent alimony of Rs.40,00,000/- to be paid by the husband to the wife. However, it is requested by learned counsel for the husband that the matters may be deferred to be listed on some other date to enable the husband to appear before this Court to sign the proceedings as he is staying in Prague in Czech Republic and he can appear before this Court on 03.09.2019. List on 03.09.2019. Learned counsel for the parties pray for time to file application for conversion of these proceedings into one under Section 13-B of the Hindu Marriage Act, 1955 for grant of decree of divorce by mutual consent and also to file settlement incorporating the conditions pursuant to which the parties shall withdraw/compromise the cases registered against each other." After arrival of the appellant from Czech Republic, the parties have filed a joint application under Section 19 of the Family Court Act, 1984 read with Order 41 Rule 1 CPC and Section 13-B of the Act in Appeal No. 2390/2018 with the prayer that proceeding of the present appeals itself may be converted into proceedings under Section 13-B of the Act for grant of a decree of divorce by mutual consent.
(2.) Learned counsel for the parties have filed a deed of compromise along with the application, which has been jointly signed by the parties incorporating following terms of the settlement arrived at between the parties: "TERMS and CONDITIONS OF THE COMPROMISE: That the marriage of both the parties to this compromise taken place on 06.05.2013, however, from 18.10.2014 the parties are residing separately ad between both the parties cases are pending as detailed out in succeeding paragraphs. Conciliation and negotiation taken place at various stages including at the stage of pending appeal before the Hon'ble High Court, both the parties agreed to have a decree of divorce and further that a permanent alimony be paid to the parties of Part-II by the party of Part-I to the tune of Ra. 40.00 lacs as full and final settlement and to withdraw and/or to get quashed the pending cases.
(3.) That between both the parties to this compromise following cases are pending:- S.No. Name of Court Case No. Title of Case Under Section 1. Family Court, Alwar 612/2015 Shipra Vs. 13(A)/27 of Kunal Hindu Marriage Act. 2. Family Court, Alwar 11/2018 Shipra Vs. S.24 of Hindu Kunal Marriage Act. 3. Family Court, Alwar 1/260/2016 Shipra Vs. S.125 (3) of Kunal Cr.P.C. 4. Family Court, Alwar 41/2018 Kunal Vs. S.9 of Hindu Shipra Marriage Act. 5. Addl. Civil Judge and 59/2016 State Vs. Kunal S.498A, 406, Judicial Magistrate 377 of IPC No.4, Alwar 6. Addl. Civil Judge and 198/2016 Shipra Vs. Domestic Judicial Magistrate Kunal Violence No.1, Alwar 7. Addl. Civil Judge and (I.A.) Shipra Vs. Domestic Judicial Magistrate Kunal Violence No.1, Alwar 8. High Court 5223/2017 Kunal Vs. 482 against Shipra 125 Cr.P.C. ;