Jagdish Prasad @ Jaggi vs Smt. Sandhya Rani

Ashutosh Mohunta, J.—Vide order dated October 10, 2002 this Court had asked the parties to compromise the matter and as a result of the compromise arrived at between the parties, it was agreed that the petitioner shall pay a sum of Rs. 3,50,000/- to respondent Smt. Sandhya. It was further agreed between the parties that all the cases pending against each other shall be withdrawn by the respective parties.

Learned counsel for the parties state that all the cases pending between the parties have since been withdrawn. Today the back drafts of the amount totalling Rs. 3,50,000/- have been handed over to Smt. Sandhya respondent in Court. She is present in Court along with her relatives. As a result of the compromise, it was further stated that the parties shall pat company from each other and a decree of divorce be granted to them.

Both the parties have expressed their willingness to part company. In view of the compromise arrived at between the parties as a result of the order dated October 10, 2002 passed by the Court and the conditions imposed therein having been complied with, it is directed that neither of the parties shall file any kind of litigation against each other at any time in future. Smt. Sandhya respondent shall not claim any permanent alimony or future maintenance from the petitioner (Jagdish Prasad). No maintenance in any form shall be claimed by Smt. Sandhya from Jagdish Prasad petitioner.

The parties have been living separately from each other for the last more than three years and the relations between them have reached a deadlock from where there is no return. Both the parties have filed a petition for divorce u/s 13-B(1) of the Hindu Marriage Act, 1955, in this Court. I, therefore, grant a decree of divorce u/s 13-B(1) of the Hindu Marriage Act, 1955, and annul the marriage between Jagdish Prasad and Smt. Sandhya. They shall not live as husband and wife any more.

The petition is, accordingly, disposed of.