Deepak Kumar Rana vs Poonam

Vipin Sanghi, CJ

The parties are present virtually. Learned counsels for the parties are present. They state that the parties have arrived at settlement. They have agreed to obtain divorce by mutual consent from each other, on the condition that the appellant shall pay Rs.20.00 Lakhs towards full and final settlement of all claims of the respondent towards alimony, stridhan etc., and he shall pay another amount of Rs.10.00 Lakhs for the upbringing of the child of the parties.

The parties shall remain bound by their statements made before us. They state that they shall move an application under Section 13-B of the Hindu Marriage Act to obtain divorce by mutual consent.

Considering the fact that the parties are separated for more than eleven years now, and there is no possibility of any reconciliation to resume cohabitation, the Family Court shall take this aspect into consideration, and waive the waiting period of six months before moving the second motion petition. The payment of the aforesaid amounts shall be made by the appellant to the respondent in two installments of 50% each- at the moving of the first motion petition, and at the moving of the second motion petition, separated by one week each.

Since the respondent is residing and working at Kota, she shall be entitled to appear virtually in the proceedings before the Family Court, and her statement shall be recorded by the Family Court without insisting on her personal appearance, after ascertaining her identity.

The respondent agrees that she shall withdraw all other proceedings initiated by her against the appellant, and the parties have agreed not to continue, or initiate any proceedings against each other, except the joint petition aforesaid.

The appeal stands disposed of in the aforesaid terms.

Pending application, if any, also stands disposed of.