Ved Parkash vs Manju

V.K. Jhanji, J.—In this application, prayer made is for conversion of petitioner u/s 13 to one u/s 13-B(1) of Hindu Marriage Act for dissolution of marriage with mutual consent and for grant of a decree of divorce.

Marriage between the parties was solemnised in New Delhi on 11.03.1986 according to Hindu rites and ceremonies. After marriage, parties lived together as husband an wife for about one year and out of the said wedlock, one boy was born on 18. 12.1986. The name of the boy is Akhilesh and he is in custody of respondent. Smt. Manju. On 9.6.1987, husband (appellant herein) filed petition u/s 13 of the Hindu Marriage Act for divorce. This petition was dismissed by the learned Additional District Judge on 1.8.1988. Thereafter, present appeal was filed and the same is lying pending decision. It has now been contended that since 1987 the parties have been living separated and have not been able to reconcile the matter between themselves. It is further contended that more than 10 years have passed and the matrimonial life between them has become virtually dead and thus there is no hope of reconciliation. It is further contended that the following terms and conditions have been settled between the parties:

(a) The appellant/husband shall pay a sum of rupees 1.75.000/- (Rupees One Lakh Seventy Five Thousand) against Istridhan, dowry articles, maintenance, permanent alimony to the respondent/wife, which has since been received by the respondent.

(b) The child born out of the wedlock will remain in the custody of the respondent/ wife for ever and the appellant/husband will not be entitled to claim the custody of the child in future also, the appellant/husband on his own accord docs not claim any visitation right to the child and assures the respondent/wife that he shall not claim the same in future are also.

(c) The respondent/wife will not claim any Istridhan, Dowry articles, maintenance or permanent alimony in future in any Court of law or herself or for the maintenance of the minor child. Akhilesh.

(d) The appellant/husband will never claim the custody/visitation right to the child in future in any Court of law, even after the child becoming major.

It has thus been prayed that petition u/s 13 be converted into one u/s 13-B(1) of the Hindu Marriage Act and grant decree of divorce with mutual consent. Application is supported by affidavits of Manju Nagpal. wife and V.P. Nagpal, husband. Both of them are present in Court and have stated that heir marriage be dissolved by mutual consent.

Having heard the learned Counsel for the parties and on going through the application and considering that there is no legal impediment in allowing the prayer made in the application, prayer made is allowed and petition u/s 13 is hereby convened into one u/s 13-B(1) of the Hindu Marriage Act. The marriage is dissolved by way of mutual consent. Parties to this appeal shall remain bound by the terms and conditions of the settlement arrived at between them.

Resultantly, appeal as well as the civil miscellaneous application stand disposed of in the terms indicated above.