JUDGMENT
R.S. Mongia, J.
1. The marriage between Mr. Lalit Kumai alias Manga son of Shri Swaran Kumar Mishra and Ms. Sushma Sharma was solemnised according to Hindu rites on 4th May, 1992. Because of some differences, temperamental and otherwise, the marriage between the parties entered into rough waters and continuing with the matrimonial bondage became impossible. Since 17th January, 1993, the husband and the wife have been living separately. The wife has been staying with her parents. The parents of Lalit Kumar are dead and he was brought up by his father’s sister i.e. Bhua, namely Kanta Junga.
2. Ms. Sushma Sharma lodged an F.I.R. No. 460 dated 26th November, 1993, against Lalit Kumar, his aunt Kanta Junga and Ms. Kanta Junga’s daughter, Miss Meenu Junga at Police Station Bahadurgarh, District Rohtak, under Sections 498A and 406 of the India Penal Code. The challan had been put in and the proceedings are pending before the Judicial Magistrate, Bahadurgarh. Criminal Misc. Application No.981-M of 1994 was moved by Lalit Kumar under Section 482 of the Code of Criminal Procedure for quashing the proceedings against them arising out of the above mentioned F.I.R. The said case had come up for hearing before me.
3. After hearing the learned counsel for the parties at length, I tried to bring about a compromise between the parties to end all litigation. The parties who came present in Court submitted that it was a case of broken marriage and there was no likelihood of the matrimonial bondage continuing any more. The parties showed the desire that they are ready to get the divorce from each other by mutual consent by dissolving their marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act. Time was given to the parties to consider this aspect more rationally.
4. Today a joint application has been moved by the parties under Section 13B of the Hindu Marriage Act, praying that the marriage between the parties be dissolved by a decree of divorce by mutual consent.I have recorded the statements of Ms. Sushma Sharma as well as of Lalit Kumar. Lalit Kumar has paid a sum of Rs. 1 lack to Ms. Sushma Sharma by way of two Bank drafts of Rs. 50,000/-each drawn in her favour towards permanent alimony, and Ms. Sushma Sharma has stated that she will have no claim whatsoever against Lalit Kumar towards any further maintenance or of any other kind.
5. From the statement of the parties and from what I have gathered, I am of the view that this is a case of broken marriage. They seem to have moved this application to bring to end all litigation between them and to live peacefully hereinafter. There has been no issue out of the wed-lock and the parties are young and the possibility of their re-marriage cannot be ruled out. They have been living separately now for more than one year. I would have normally directed the parties to move this application before the concerned District Judge having jurisdiction in the matter to consider the fact that the parties are litigating for quite some time and they have agreed to get divorce by mutual consent. I considered it appropriate that to end the litigation immediately and to make them free to decide about their future course of action in life. I entertained this application myself under Section 13B of the Act. Office is directed to register the same.
6. Under the peculiar facts of the case, I am of the opinion that it is a fit case in which waiting period of six months as required under Section 13B of the Act may be dispensed with and the parties be granted divorce by mutual consent immediately.
7. Taking into consideration the above facts, the contents of the application and the statements of the parties, the marriage between the parties is hereby dissolved by decree of divorce by mutual consent. Miss Sushma Sharma having received Rs. One lac from Mr. Lalit Kumar, would not be entitled to any further maintenance and will have no claim against Mr. Lalit Kumar in future. I make no order as to costs.