Keerti Karan Dharni vs Madhu Meeta Dharni

V.K. Jhanji, J.—Appellant Keerti Karan Dharni had filed a petition u/s 13 of the Hindu Marriage Act (hereinafter referred to as the Act) at Chandigarh which was dismissed. First appeal against the judgment and decree is fixed before me for arguments. Civil miscellaneous application was jointly filed by the parties under Order VI Rule 17 read with Section 151 of the CPC (for short the Code) for treating the petition originally filed u/s 13 of the Act, as petition u/s 13B of the Act. Statements of parties have also been recorded. Both the appellant and the respondent have prayed for treating the petition u/s 13 of the Act as petition u/s 13B of the Act. Accordingly, civil miscellaneous application stands allowed vide my separate order of date.

Since the parties have made statements in Court today and according to the statements, have expressed their desire to secure decree of divorce for dissolution of marriage by mutual consent. This order will dispose of the appeal as well.

From the statements of the parties, I am satisfied that they are living separately for the last eight years and have not been able to live together. . . It is also not possible for them to live together even in future. They have no issue from the marriage. They have been left with no claim whatsoever against each other and have also agreed to withdraw litigation pending against each other. They have also prayed that FIR No. 8 of 4.1.1986, P.S. East, Chandigarh besides a criminal complaint No. 60 of 1992 pending in the Court of Shri G.S. Matharu, Judicial Magistrate 1st Class, Chandigarh, be quashed. Both the parties have given a statement that they they would not initiate any proceedings i.e. criminal, civil or any other type against each other and they shall abide by their statements given in Court today.

In these circumstances, it would be futile to let a period of six months pass before passing an order on petition u/s 13B(2) of the Act. The judgment and decree of the Additional District Judge, Chandigarh, is therefore, set aside treating the petition filed u/s 13 of the Act as the one u/s 13B of the Act and marriage between the parties is dissolved. A sum of Rs. 2,00,000/- has been paid to Madhu Meeta, respondent by way of bank drafts in lieu of maintenance, permanent alimony, Stridhan, dowry and all claims in that behalf. It has also been agreed that no dispute between the parties survives and that proceedings which are pending between them will be suitably withdrawn. Another prayer has been made that cases under Sections 498: 406 as well as criminal complaint u/s 494 of Indian Penal Code may be quashed.

From the statements made by the parties, I am satisfied that the parties through their mutual consent have settled all their claims regarding maintenance, permanent alimony, Stridhan and dowry etc. In these circumstances, there does not appear any chance of conviction being recorded in proceedings under Sections 406: 498 and criminal complaint u/s 494 of the Indian Penal Code and, therefore, FIR No. 8 of 4.1.1986, P.S. East, Chandigarh is hereby quashed and a direction is also issued to Shri O.S. Matharu, Judicial Magistrate 1st Class, Chandigarh, that criminal complaint No. 60 dated 12.6.1992 pending between the parties, be dismissed as withdrawn.

As a result thereof, petition u/s 13B of the Act stands allowed, the marriage between the parties is dissolved u/s 13B of the Act and a decree to that effect is hereby passed. FIR No. 8 of 4.1.1986, P.S. East, Chandigarh and the proceedings taken thereon are quashed and a direction is also issued to Shri G.S. Matharu, Judicial Magistrate, Chandigarh, to dismiss the criminal complaint pending between the parties as withdrawn. No costs.