Saroj vs Shiv Dayal and Another

N.C. Khichi, J.—Petitioner No. 1 Saroj Devi has filed FAO No. 148-M of 1991 against the judgment and decree dated 30.10.1991 passed by the learned Addl. District Judge, Faridabad, whereby the petition u/s 13 of the Hindu Marriage Act (hereinafter to be called as the Act) for dissolution of marriage between the parties, brought by Shiv Dayal petitioner No. 2 was allowed and the marriage between the parties was dissolved.

During the pendency of this appeal the parties settled the dispute amicably and on their request the main petition u/s 13 of the Act was allowed to be converted into one u/s 13-B of the Act.

Statements of both the parties, have been recorded today in Court. They have testified that after the solemnisation of their marriage on 9.5.1985 at Gurgaon, they were not able to pull on with each other despite efforts made by their friends, relatives and well-wishers. They further testified that they are residing separately from each other for the last more than 12 years and that they have mutually agreed to get the marriage dissolved.

Smt. Saroj, petitioner No. 1 shall receive a sum of Rs. 2,50,000/- in lumpsum from the mediator Shri Hira Nand Arya who is present in Court. She has relinquished all her claims towards maintenance, permanent alimony and dowry etc. She shall withdraw the complaint filed by her against Shiv Dayal and others u/s 498-A, Indian Penal Code now pending in the Court of Ilaqa Magistrate, Palwal.

Shri Shiv Dayal, petitioner No. 2 has handed over the amount of Rs. 2,50,000/- to Hira Nand Arya, Mediator, who shall pay the same to Smt. Saroj Devi, petitioner No. 1. Shri Shiv Dayal vide his statement recorded today has withdrawn the allegations with regard to adultery and cruelty etc. levelled against Smt. Saroj petitioner No. 1 in the divorce petition u/s 13 of the Act. The allegations with regard to adultery and cruelty etc. shall not form part of pleadings of the main petition and the same shall be deemed to have been deleted from the pleadings.

This Court is satisfied that the averments made in the petition u/s 13-B of the Act are true and correct. Both the parties have mutually agreed to get their marriage dissolved. Consequently, this petition u/s 13-B of the Act is accepted and the marriage between the parties is hereby dissolved by a decree of divorce by mutual consent with effect from today itself. No order as to costs. Decree sheet be drawn by the Office.