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Judgment
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.