Rajveer s/o Sarjeet Singh vs Champa Devi w/o Rajveer

This appeal is preferred to question correctness of the

judgment and decree dated 6.1.2012, passed by learned

Additional District Judge, Bhadra in Civil Misc. Case No.36/2008.

Learned trial court by the judgment impugned dismissed an

application preferred under Section 13 of the Hindu Marriage Act,

1955 by appellant Rajveer and issued a decree accordingly.

During the course of hearing of the appeal the

appellant made an offer to make payment of lumpsum amount to

respondent Champa Devi in a tune of Rs.1,00,000/- subject to

annulling marriage between the parties. Respondent Smt. Champa

Devi accepted the same with free will. This fact was recorded by

the Court on 25.5.2017. As per the agreement arrived between

the parties, the appellant has tendered a Demand Draft issued by

Punjab National Bank bearing No.925662 for a sum of

Rs.1,00,000/- in favour of respondent Smt. Champa Devi. The

instrument has been given by us to Smt. Champa Devi. On asking,

Smt. Champa Devi reiterated that she is accepting the proposal

made by the appellant with her free will and without any pressure.

In view of whatever stated above, this appeal is

allowed. The judgment and decree dated 6.1.2012 are set aside.

The application preferred under Section 13 of the Hindu Marriage

Act, 1955 is accepted and the marriage solemnised between the

parties on 26.6.1988 stands annulled. The respondent shall be

entitled to encash the sum tendered in the form of Demand Draft,

that shall also satisfy her claim for permanent alimony. The

respondent shall also be entitled to retain the house, reference of

which is given in para 2 of the judgment said to be under her

possession, till her lifetime. A decree be also prepared and issued

accordingly.