High CourtsSingle Bench

Rakesh Dhakad S/o Sh. Ramgulam Dhakad, Rakesh Dhakad S/o Sh. Ramgulam Dhakad, @APPELLANT@Hash Niharika Dhakad W/o Rakesh Dhakad

Rajasthan High Court · Decided on 19 November 2018 · Citation: (2018) 11 RAJ CK 0021

HON’BLE JUDGES
Pradeep Nandrajog, CJ · Ashok Kumar Gaur, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1955 — Section 13B · Indian Penal Code, 1860 — Section 406, 498A · Dowry Prohibition Act, 1961 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 125
RESULT
Disposed Off
CASE NUMBER
Civil Miscellaneous Appeal No. 2412, 2405 of 2014
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Judgment

17 paragraphs · 309 words

(1) The parties were married on 8.12.2010. They have

been living separately since 15.05.2011. The respondent has obtained a decree for restitution of conjugal rights in her favour.

The appellant has lost in the petition seeking decree of divorce.

(2) On 16.08.2018 settlement between the parties was recorded as per which in lieu of all her claims including alimony, Stridhan etc. the parties were

to break the matrimonial bond upon appellant paying to the respondent 317.5 lacs. As recorded in the order dated 18.08.2018 the respondent had

received 1.50 lacs in cash. Remaining amount of 216,00,000/- had to be paid to her by means of a bankers cheque drawn in the name of “Niharika

Nagar"". Today, bankers cheque in sum of £16,00,000/- has been tendered to the respondent. She has received the same.

(3) Parties are present in person and jointly moved an oral application under Section 13-B of the Hindu Marriage Act with oral prayer to waive the six

months cooling period for the reason the parties are residing separately for over 7 years as of today.

(4) We accept the oral applications and dispose of the two appeals annulling the marriage between the parties by mutual consent and pass a decree

accordingly.

(5) In terms of the settlement between the parties FIR No.374/2011, Mahila Thana, Kota and criminal proceedings emanating therefrom for offences

punishable under Section 498A/406 IPC and Section 3/4 of the Dowry Prohibition Act are also quashed. Domestic Violence Case No.78/2012 pending

in the Court of Additional Civil Judge cum Judicial Magistrate, No.5 Kota are also quashed. The order in favour of the respondent under Section 125

Cr.P.C. in case No.931/2011 pending in the Court of Family Court, Kota is declared to be non-enforceable.

 (6)While preparing the decree name of ‘Niharika Dhakad"" be shown as ""Niharika Nagar.

(7) All pending applications are disposed of.