Rajasthan High Court - Jodhpur
Arpit vs Smt. Kavita (2025:Rj-Jd:28828-Db) on 4 July, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:28828-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 1015/2024
Arpit S/o Jaigopal, Aged About 33 Years, R/o Ward No 13 Churu
Tehsil Dist Churu.
----Appellant
Versus
Smt. Kavita, Aged About 32 Years, R/o Lakkad Mandi Gurudwara
K Pass Mamera Road Bypass Anlabad Tehsil Anladbad Sirsa
Haryana.
----Respondent
For Appellant(s) : Mr. Nagraj Goswami.
For Respondent(s) : Mr. Anil Bidan Halu.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
04/07/2025
1. This appeal, preferred under Section 19 of the Family Court
Act, 1984, assails the judgment and decree dated 07.12.2023
passed by learned Family Court, Churu in Family Main Case
No.216/2018, whereby the application under Section 13 of the
Hindu Marriage Act, 1955 ('the Act') has been rejected.
2. The brief facts of the case are that the marriage between the
parties was solemnized on 04.02.2016 according to Hindu customs
and rituals. Subsequently, due to irreconcilable differences and
breakdown in matrimonial relations, the parties became embroiled
in litigation, which culminated into passing of the judgment and
decree dated 07.12.2023, which is subject matter of challenge in
the present appeal.
[2025:RJ-JD:28828-DB] (2 of 4) [CMA-1015/2024]
3. Mr. Nagraj Goswami, learned counsel for the appellant-
husband and Mr. Anil Bidan Halu, learned counsel for the
respondent-wife jointly submit that the parties have arrived at an
amicable settlement, which is reflected from the mediation report
dated 27.03.2025, which is reproduced hereunder:
"8. Report:-
Both the Parties present for mediation along with
respective lawyers. The better sense prevailed between the
parties and they have decided to settle the dispute amicably.
The parties have entered with the below mentioned terms
and conditions:
1. Both the parties have decided to discontinue this
matrimony by way of separation.
2. The husband Sh. Arpit have agreed to pay an amount
of Rs.28,00,000/- (Twenty Eight Lakh Rupees) to appellant
wife towards permanent alimony/maintenance. This is a full
and final settlement between the parties.
3. After this settlement the wife shall not be entitle for
maintenance of any other rights arising out of this
matrimony.
4. The aforesaid amount shall be paid by way of Demand
Draft. This Demand Draft would be deposited with the
Hon'ble Court on 26.05.2025.
5. Both the parties shall withdraw all the pending cases
between the parties instituted against each other. (498A and
125 Crpc Pending at Ellenabad (Sirsa).
With this Agreement the matter is referred back to the
Hon'ble Court for further proceedings."
3.1. Learned counsel for the parties jointly submit that by
following the precedent law laid down by this Hon'ble Court at
Jaipur bench in Om Prakash Vs. Lalita Meena (D.B. Civil Misc.
[2025:RJ-JD:28828-DB] (3 of 4) [CMA-1015/2024]
Appeal No.3084 of 2012), decided on 20.03.2015, the present
appeal may be converted into a petition under Section 13B of the
Hindu Marriage Act, 1955 and the same may be accepted by
granting divorce by mutual consent.
3.2. Learned counsel for the parties have also placed reliance on
the judgment passed by the Hon'ble Apex Court in Veena Vs.
State Govt. of NCT, Delhi and Anr. (Criminal Appeal Nos.255-
256 of 2011), decided on 28.01.2011.
3.3. Learned counsel for the parties assured this Court that as
mutually agreed upon, all necessary steps, including withdrawal of
cases between the parties, shall be undertaken at the earliest, and
that neither party shall pursue any further litigation against the
other.
4. Having heard learned counsel for the parties and perused the
case laws cited above.
5. This Court finds that it is a case where there was an
irretrievable breakdown of the marriage and the parties have now
resolved their dispute by arriving at a settlement agreement, in
pursuance of which Demand Draft No.366579 bearing the amount
of Rs.28,00,000/- (Rs. Twenty Eight Lakhs Only), has been
handed over to the learned counsel appearing for the respondent-
wife in the Court itself.
6. This Court is satisfied that the peculiar facts and
circumstances of the case warrant the invocation of Section 13B of
the Hindu Marriage Act, 1955, and justify the conversion of the
[2025:RJ-JD:28828-DB] (4 of 4) [CMA-1015/2024]
present appeal (originally filed against the dismissal of the divorce
petition under Section 13 of the Hindu Marriage Act) into a mutual
consent divorce petition.
7. In view of the foregoing, while making the mediation report
a part of this order, the present appeal is hereby allowed. While
treating the present appeal as an application under Section 13B of
the Hindu Marriage Act, 1955 divorce by mutual consent is hereby
granted subject to the conditions stipulated in the settlement
agreement, which shall remain binding upon both parties. All
allegations made by the parties against each other during the
course of litigation shall stand expunged and nullified in terms of
the settlement arrived between them. The settlement agreement
is hereby taken on record, and the parties shall be required to
abide by its terms strictly. It is needless to say that remedies of
revival and contempt proceedings shall remain available to either
party in case of deviation from the mediation report and
settlement agreement.
8. The Registry is directed to prepare a decree of divorce in
accordance with this judgment and the terms of the settlement
agreement.
(SUNIL BENIWAL),J (DR.PUSHPENDRA SINGH BHATI),J
15-Zeeshan
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