Item No.10
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.51 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Pursuant to the last order, both the parties are present. The
appellant/wife is aggrieved by the judgment dated 04.03.2021 passed
by the learned Family Court allowing a petition for divorce filed by
the respondent/husband under Section 13(1)(ia)(ib) of the Hindu
Marriage Act.
2. As per the facts of the case narrated in the impugned judgment, the marriage of the parties was solemnised on 10.02.2012 and they had parted company in the year 2014. Both the appellant/wife and the respondent/husband are Doctors by profession.
3. We have enquired from the parties if they would be willing to bring a closure to the dispute if this court agrees to quash and set aside the impugned judgment on merits and they file a joint petition for divorce by mutual consent. After some interaction with both sides, the appellant/wife has agreed to the said suggestion. As a gesture of goodwill, the respondent/husband has also agreed to pay a sum of Rs.25,00,000/- to the appellant/wife as a one time settlement. Both the parties state that the impugned judgment be quashed and set aside and they be permitted to file a joint petition for divorce by mutual consent within one week from today. It has also been agreed by the parties that the respondent/husband will pay a sum of Rs.10,00,000/- F.C.A.No.51 of 2021 Page 1 of 2 to the appellant/wife at the time when the first motion for divorce is allowed. The balance sum of Rs.15,00,000/- shall be paid by the respondent/husband when a decree for divorce by mutual consent is granted in favour of the parties.
4. Both the parties shall file their affidavits in terms of the settlement recorded hereinabove within one week while exchanging copies with each other. In the event the appellant/wife reneges from the settlement recorded above, the respondent/husband shall be entitled to be restituted for the amounts that he would have paid to the appellant/wife. Both the parties shall be at liberty to request the learned Family Court to curtail the cooling off period, in view of the fact that they state that they have been residing separately ever since the year 2014.
5. The present appeal is accordingly closed along with the pending applications, if any. The impugned judgment is quashed and set aside. In the event either of the parities does not file an affidavit as directed above, the other side shall be entitled to approach the court by moving an appropriate application in this regard.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 12.07.2021 JSU F.C.A.No.51 of 2021 Page 2 of 2