Yogeshwar Kumar vs Raman Kumari

V.K. Jhanji, J.—This appeal is directed against the judgment and decree of the Additional District Judge, Ambala, whereby the petition of the husband u/s 13 of the Hindu Marriage Act, was dismissed.

Marriage of. the parties took place on 10th October, 1983. A daughter was born out of this wedlock on 4th October, 1984. The daughter is stated to be in the custody of the mother. On 16th December, 1989, petition u/s 13 of the Hindu Marriage Act was filed by the husband against his wife seeking dissolution of marriage on the ground of cruelty and desertion. It was pleaded that the wife-respondent has withdrawn from the society of the appellant-husband without any reasonable and sufficient cause.

On contest by the wife, the petition was dismissed by the Additional District Judge, Ambala, on 15th May, 1991. The judgment and decree dated 15th May, 1991 dismissing the petition is being challenged in this appeal.

During the pendency of the appeal in this Court, the parties have filed the present petition u/s 13B of the Hindu Marriage Act, for dissolution of marriage by a decree of divorce by mutual consent. . As already indicated the parties were married on 10th October, 1983.and they have been living seperately since 1987.

have examined the whole case with the help of learned Counsel for the parties and I am satisfied that the parties have been living separately for the last many years and they have not been able to live together and they have further mutually agreed that the marriage be dissolved. Accordingly, the petition for mutual divorce u/s 13B(1) of the Hindu Marriage Act is accepted and the marriage between the parties is ordered to be dissolved by mutual consent within the meaning of Section 13B(1) of the Act.

6.The husband has paid a sum of Rs. 20,000/- by way of bank draft to the wife in Court today. The wife who is present in Court, would not claim any maintenance or an amount in lieu of dowry which may have been . given by her parents or by the husband at the time of her marriage. A bank draft of Rs. 25,000/- has also been given in the name of the wife for the maintenance of her minor daughter, namely, Miss Surbi which shall be deposited in the T.D.R Account, the amount of which the minor shall be entitled to receive after becoming major. The wife who is present in Court undertakes to furnish particulars of T.D.R. to the husband within a week from today. The wife shall be entitled to receive interest from the bank on the said T.D.R for the maintenance of the minor child. The parties have further agreed that the custody of the daughter shall remain with the wife and the husband shall not claim her custody. The wife has also agreed that petition u/s 125 of the Code of Criminal Procedure filed by her for maintenance pending before the Judicial Magistrate Ist Class, Karnal, shall not be pursued. In view of the fact that the marriage between the parties has been dissolved by, mutual consent and all the disputes pending between them have been settled amicably, the Court in which proceedings u/s 125 of the Code of Criminal Procedure are pending, shall dismiss the same as having become infructuous. No costs.