Brijpal Singh vs Dikshika

Ritu Bahri, CJ

1) Counsel for the parties state that before the permanent Lok Adalat on 20.05.2024, both the parties had agreed that if the appellant-husband pays a sum of rupees forty three lakhs as permanent alimony, the respondent-wife will give divorce.

2) A copy of the draft as well as the affidavits of both the parties has been placed on record before the Lok Adalat. The matter is listed today before the Court for final disposal.

3) Both the parties have filed a joint compromise dated 02.07.2024 accompanied by their respective affidavits before the Court. The same is taken on record. It has been stated in the joint compromise that both of parties have reached to an amicable settlement that in order to get the marriage dissolved, the respondent-wife will take back all the criminal proceedings initiated against the appellant and his family members. The respondent-wife had agreed to such proposal, and had already received a draft of Rs.43,00,000/- from the appellant-husband, towards permanent alimony. It has been further stated in the affidavit filed by the respondent-wife that she will withdraw all criminal proceedings initiated by her against the appellant and his family members. Since both the parties have now mutually agreed to give divorce to each other, it will be in the interest of justice that marriage between the parties be dissolved by granting a decree of divorce to them.

4) Keeping in view the above fact, the present appeal under Section 19 / 28 of the Family Courts Act is suo motu being converted into a 13B divorce petition of the Hindu Marriage Act.

5) Consequently, the petition under Section 13B of the Hindu Marriage Act is allowed. The marriage between the appellant and the respondent is hereby dissolved by a decree of divorce by mutual consent on the basis of conditions mentioned in the joint compromise filed by both the parties. The compromise entered into between the parties shall form part of the decree.