Aaditya Chauhan vs Namrata Singh

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.

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.

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.

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.

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.

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.

That none of the parties will claim in any property of each other nor in any of their ancestral property.

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.

That both the parties will withdraw all the cases pending/filed against each other in different courts.

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 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 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.