Rajasthan High Court
Aaditya Chauhan vs Namrata Singh on 22 February, 2021
Bench: Sabina
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Miscellaneous Appeal No. 2255/2018
Aaditya Chauhan S/o Shri Prithavi Singh Chauhan, Aged About
30 years, R/o 154, Aamrapali Marg, Rathore Nagar, Vaishali,
Jaipur.
----Petitioner/Appellant
Versus
Namrata Singh D/o Ranveer Singh W/o Aaditya Chauhan, Aged
About 30 years, R/o 195, Devi Nagar, Sodala, Jaipur.
----Respondent/Non-Appellant
For Appellant : Mr. Rajneesh Gupta Advocate.
Mr. Aaditya Chauhan Appellant
present in person.
For Respondent : Mr. Rajendra Singh Tanwar Advocate.
Mrs. Namrata Singh Respondent
present in person.
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment
22/02/2021
Appellant has filed the appeal challenging judgment and
decree dated 26.02.2018 passed by Family Court No. 3, Jaipur
(hereinafter referred to as 'the Family Court'), whereby, divorce
petition filed by the appellant was dismissed.
During the pendency of the appeal, the case was sent
to Mediation and Conciliation Centre. As per the report of
Mediation and Conciliation Centre, the parties have amicably
resolved their dispute. Report of Mediation and Conciliation
Centre dated 15.02.2021 reads as under:
"Both the parties the appellant Aaditya Chauhan and
respondent Namrata Singh have amicably decided for
divorce by mutual consent under these terms and
conditions.
(2 of 4) [CMA-2255/2018]
1. That the marriage of Aaditya Chauhan and
Namrata Singh solemnized on 20.01.2010. That of
wedlock of the parties, there is one son namely
Namyavardhan Singh born on 07.12.2011, the minor
Namyavardhan Singh is residing with his mother
Namrata Singh in maternal home since pregnancy
April 2011.
2. That the husband Aaditya Chauhan and wife
Namrata Singh have been residing separately since
April 2011 and since then no cohabitation between
them and further no possibility of cohabitation. That
both the parties agreed to seek divorce by mutual
consent in hon'ble court on following terms and
conditions.
3. That the custody of minor son Namyavardhan
Singh shall always remain with his mother Namrata
Singh. That the minor Namyavardhan Singh will
continue living with his mother Namrata Singh for
entire life and will remain in permanent custody and
guardianship of mother Namrata Singh. That Aaditya
Chauhan will never meet his minor son
Namyavardhan Singh. That Aaditya Chauhan and his
parents will never claim any custody, visitation of
minor Namyavardhan Singh during their lifetime.
4. That Aaditya Chauhan will not interfere in the lives
of minor Namyavardhan Singh and Namrata Singh.
That Namrata Singh will not interfere in the life of
Aaditya Chauhan.
5. That Aaditya Chauhan will pay a sum of Rs.
10,00,000/- in words Rs. Ten lacs by the way of
Demand Draft in the name of Namrata Singh as
permanent alimony. The said draft will be handed
over to Namrata Singh in the Hon'ble High Court on
the next date.
6. That none of the parties will claim in any property
of each other nor in any of their ancestral property.
7. That Aaditya Chauhan will withdraw all the cases of
custody, visitation of minor Namyavardhan Singh and
in future he will never file any such case, in any court
or any other case related to minor Namyavardhan
Singh.
8. That both the parties will withdraw all the cases
pending/filed against each other in different courts.
9. That this mutual consent divorce settlement is full
and final and the parties shall be bound by its terms
and conditions and this settlement has taken place
between the parties with their mutual consent and
free will without any pressure, force, coercion or
undue influence from any side."
Learned counsel for the parties have submitted that in
view of the report of Mediation and Conciliation Centre, the
(3 of 4) [CMA-2255/2018]
marriage between the parties be dissolved by way of mutual
consent.
Parties are present in person in the Court and have
admitted the factum of settlement arrived between them before
Mediation and Conciliation Centre and have stated that they be
granted decree of divorce by way of mutual consent.
Appellant has handed over a demand draft in the sum
of Rs. 10,00,000/- (Rupees Ten Lacs) to the respondent, who is
present in person. Photo copy of the demand draft has been
placed on record by way of D.B. Civil Misc. Application No. 1/2021.
Since in the present case, parties have amicably settled
their dispute and have prayed that a decree of divorce be passed
in their favour under Section 13B of the Hindu Marriage Act, 1955
(hereinafter referred to as 'the Act'), we are of the opinion that
the proceedings before us can be treated as proceedings initiated
under Section 13B of the Act.
The parties have settled their dispute and appellant has
handed over a demand draft in the sum of Rs. 10,00,000/-
(Rupees Ten Lacs) to the respondent. Parties have also settled
their dispute qua the custody of minor child and it has been
agreed that custody of the minor child Namyavardhan Singh shall
remain with the mother and appellant-husband will not interfere in
the life of the respondent-wife. It has also been agreed between
the parties that they will not claim any property owned by each
other, whether self or ancestral. It has also been agreed that the
respondent-wife will not interfere in the life of the appellant-
husband.
Accordingly, in view of the settlement arrived between
the parties, marriage between the parties is ordered to be
(4 of 4) [CMA-2255/2018]
dissolved and a decree of divorce is passed in favour of the parties
under Section 13B of the Act. Report of Mediation and Conciliation
Centre shall form part of the decree.
Consequently, judgment and decree dated 26.02.2018
are set aside. Decree sheet be prepared.
Appeal stands disposed of accordingly.
D. B. Civil Misc. Application Nos. 1/2020 and 1/2021
stand disposed of.
(MANOJ KUMAR VYAS),J (SABINA),J
MANOJ NARWANI /73
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