Dr Arvind Mathur vs Smt. Shalini Mathur

Both the appeals have been filed by appellant-husband Dr. Arvind Mathur against respondent-wife Smt. Shalini Mathur. Appeal No.1007/2018 on behalf of the appellant-husband challenges judgment and decree dated 02.01.2018 of the Family Court No.3, Jaipur, in Case No.259/2016 (198/2011), whereby application under Section 13 of the Hindu Marriage Act, 1955 filed by the appellant-husband has been rejected. Appeal No.1006/2018 on behalf of the appellant-husband challenges the judgment and decree dated 02.01.2018 of the Family Court No.3, Jaipur in Case No.88/2017 (704/2012) whereby the application under Section 13 of the Hindu Marriage Act, 1955 filed by the appellant-husband has been rejected. The appellant-husband filed two separate applications under Section 13 of the Hindu Marriage Act, 1955 on two different grounds, one was filed on the ground of cruelty and another was filed on the ground of desertion.

Having regard to the nature of dispute and relationship between the parties, this court, vide order dated 16.05.2019 directed the parties to appear before the Mediation Center attached to this Court on 27.05.2019 to explore the possibility of out of court settlement of the dispute between them and the Mediation Center was directed to submits its report.

Both the parties are present in the Court. They have put their signatures on the order-sheet of the court. They have been identified by their respective learned counsels. They reported that the parties have mutually settled the dispute between them out of court. According to them, the appellant-husband has agreed to pay a sum of Rs.11,00,000/- (Rupees eleven lakh only) to the respondent-wife as permanent alimony towards full and final settlement. The appellant-husband has brought a Demand Draft bearing No.103030 dated 28.05.2019 drawn at the State Bank of India of Rs.11,00,000/- in the name of Shalini Mathur (respondent-wife) in the court and handed over the same to the respondent-wife. He has also produced a photo copy of the demand draft to be placed on the file, which has been taken on record, which also contained the receipt of the original demand draft. The respondent-wife, who is present in the court, admitted to have received the demand draft towards full and final settlement and that she would not claim any further amount or any thing from the appellant-husband in future. Both the parties have submitted that they have mutually agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent.

The respondent-wife however submits that her original testimonials/certificates/degrees of 10th, 12th, BA and B.Ed. are lying with the appellant-husband and therefore he may be directed to handover the same to her. The appellant-husband, who is also present in the court, submits that he shall handover all the testimonials, which are in his possessions, through his counsel to the respondent-wife through her counsel, within three days from the receipt of copy of this judgment. Ordered accordingly.

Learned counsel for the parties contended that no other case is registered by any of the parties against each other except these two appeals. They submit that both the parties have been living separately since 2009 and their marriage has reached irretrievable break down.

Both the parties, on the aforesaid conditions, have jointly submitted that a decree of divorce by mutual consent be granted to them by converting these appeals into one under Section 13B of the Hindu Marriage Act, 1955 as they have been staying separately from each other since 2009.

In view of the compromise arrived at between the parties, we are persuaded to allow both the appeals. The appeals are accordingly allowed. The common judgment and decree dated 02.01.2018 of the Family Court No.3, Jaipur, in Cases No.259/2016 (198/2011) and 88/2017 (704/2012) is set aside. The marriage between appellant-husband and respondent-wife is therefore dissolved by mutual consent with immediate effect in terms of the compromise noted above. Decree of divorce be prepared accordingly. Ordered accordingly.

A copy of this judgment be placed in connected file.