Delhi High Court
Ashish Kumar vs Yogita on 1 October, 2015
$~34.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 156/2014
% Judgment dated 1st October, 2015
ASHISH KUMAR ..... Appellant
Through : Mr.Suhaib Alam, Adv. along with
appellant.
versus
YOGITA ..... Respondent
Through : Mr.M.K. Malhotra, Adv. along with
respondent.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J (ORAL)
1. Present appeal has been filed by the appellant under Section 19 of the
Family Courts Act seeking a direction to set aside the Order dated
11.2.2013 passed by Judge, Family Court, in HMA No.41/13, by which
the petition for grant of divorce by mutual consent was dismissed on the
ground that the respondent had withdrawn her consent for divorce.
2. As per the petition, marriage between the parties was solemnised on
1.12.2008 as per Hindu rites. Out of their wedlock one child was born. On
account of temperamental dispute, the parties started living separately
from November 2010. Thereafter, the parties had decided to dissolve their
marriage by filing a petition for divorce by mutual consent. The petition
for First Motion was decided by the Family Courts on 11.6.2012. At the
time of First Motion it was mutually agreed by the parties that appellant
shall pay Rs.5.50 lakhs to the respondent in full and final settlement. Out
of Rs.5.50 lakhs, Rs.1.35 lakhs + Rs.50,000/-, respectively, were paid by
way of two Demand Drafts in Court on the date of passing of order for the
First Motion i.e. 11.6.2012. The second installment, in the sum of Rs.1.80
lakhs, was to be paid by the appellant to the respondent, by way of Fixed
Deposit Receipts in the name of their child, under the guardianship of
respondent. It was also agreed that appellant would pay Rs.50,000/- to the
respondent at the time of making a statement at the Second Motion. The
balance payment of Rs.1.35 lakhs was to be made at the time of quashing
of FIR No.49/2012 lodged under Sections 498A/406 IPC at Police Station
Rajouri Garden. All the dowry articles/stridhan were also returned by the
appellant to the respondent at the time of First Motion. Thereafter the
petition for grant of divorce (Second Motion) was filed in the year 2013.
The petition was signed by the respondent but on 11.2.2013 she made a
statement in Court that she did not want divorce by mutual consent and
withdrew her consent. Against the said order dated 11.2.2013 the present
appeal has been filed by the appellant.
3. Respondent is present in Court along with her brother, Mr.Lalit Malhotra.
Respondent is duly identified by her counsel. In support of her identity,
she has also handed over photocopy of her AADHAR Card. Mr.Lalit
Malhotra has also handed over photocopy of his AADHAR Card.
4. Respondent submits that she had made a statement on 11.2.2013 on
account of some misunderstanding. She further submits that she has no
objection if HMA No.41/13 is revived to enable her to make a fresh
statement with regard to grant of divorce before the Family Court,
Dwarka.
5. Heard counsel for the parties and the parties who are present in Court. The
statement made by respondent in Court is accepted. The statement made
shall be treated as an undertaking to the Court. Having regard to the
statement made by the respondent, present appeal is allowed.
6. The order dated 11.2.2013 passed in HMA No.41/13 is set aside to enable
the respondent to make a fresh statement with regard to grant of divorce
(Second Motion) before the Family Court in Dwarka. It is also agreed by
the parties that original FDR in the sum of Rs.1.80 lakhs in the name of
the son of the parties shall be handed over to the respondent and
Rs.50,000/- shall be paid to the respondent at the time of her making a
statement in the Second Motion petition for grant of divorce. It is also
agreed that the balance sum of Rs.1.35 lakhs shall be paid by the appellant
to the respondent at the time of making a statement by respondent in the
petition for quashing of FIR No.49/2012.
7. Accordingly, parties shall appear before the Family Court, Dwarka, in
HMA No.41/13 on 12.10.2015.
8. Present petition stands disposed of in view of above.
9. List this matter before Court for reporting compliance on 2.11.2015, when
the parties are directed to remain present in Court.
10. DASTI.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
OCTOBER 01, 2015
msr
