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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.
