Dr.M .Krishnaja vs Dr.Y.Rohit
2021 Latest Caselaw 2066 Tel

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/-

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