CM No.13631-32 of 2008 and
FAO No.240-M of 2007
Ashok Kumar Vs. Rama Rani
Present : Mr. B.D. Sharma,Advocate for the appellant.
Mr. A.N. Saini, Advocate for the respondent.
...
CM No.13631 of 2008
Prayer in this application, filed under Order 6 Rule 17 of the
CPC by the appellant is, for amendment of the original plaint.
Notice of the application to counsel for the respondent-wife.
Counsel for the parties submit that as parties have resolved
their matrimonial disputes, by executing a compromise Annexure P-2,
appended with C.M.No.13462 CII of 2008 and have agreed to pray for grant
of a decree of divorce by mutual consent, the original petition filed under
Section 9 of the Hindu Marriage Act (hereinafter referred to as `the Act’) be
altered to a petition under Section 13-B.
As parties have resolved their differences and pray for grant of
a decree of divorce by mutual consent, the application is allowed. The
original petition, filed under Section 9 of the Hindu Marriage Act, is
ordered to be amended to a petition under Section 13-B of the Hindu
Marriage Act. The petition, filed under Section 13-B of the Act, appended
with C.M. No.13632 of 2008 is taken on record alongwith the affidavits
dated 22.7.2008 of the appellant and the respondent.
CM No.13632 of 2008
Prayer in this application is to waive the period of six months,
as parties have been litigating in various fora, both civil and criminal since
the year 2006.
CM No.13631-32 of 2008 and
FAO No.240-M of 2007 -2-
Counsel for the parties pray that as parties have failed to
resolve their differences and have arrived at a conclusion that their
irreconcilable differences do not permit them to reside together, the period
of six months be waived. It is further stated that waiver of the period of six
months, would enable the parties to sever this unsavory chapter from their
lives and proceed to lead their lives afresh.
I have considered the request and am satisfied after hearing
counsel for the parties and interacting with the appellant and the respondent
that, waiving the period of six months would be in the interest of the parties
as also in the interest of justice.
Consequently, the C.M. is allowed and the period of six months
is waived.
FAO No.240-M of 2007
Parties have entered into a compromise, which is taken on
record. A perusal of the compromise reveals that parties have agreed to
sever their matrimonial ties and,therefore, submit that they be granted a
decree of divorce by mutual consent.
The appellant husband challenges the judgement and decree
dated 10.9.2007, passed by the Additional District Judge, Panipat,
decreeing the petition filed under Section 9 of the Act for restitution of
conjugal rights. During the pendency of this appeal, parties thereto have
approached this Court, with a prayer that the original petition for restitution
of conjugal rights be amended to a petition under Section13-B of the Act,
for grant of a decree of divorce by mutual consent. Vide order of even date,
passed in CM No.13631 CII of 2008, the prayer for amendment has been
CM No.13631-32 of 2008 and
FAO No.240-M of 2007 -3-
allowed and the petition for grant of divorce by mutual consent, filed under
Section 13-B of the Act has been taken on record.
Pursuant to order of even date, passed in CM No.13632 of
2008, the prayer for waiving the period of six months has been accepted
Prayer in this petition, filed under Section 13-B of the Act is for
grant of a decree of divorce by mutual consent. Both the petitioners,
namely, the husband and the wife are present in Court. Their separate
statements have been recorded and read as follows :-
“Statement of Ashok Kumar, son of Gokal Chand, resident
of Village and Post Office, Kerwali, P.S. Madhuban, Tehsil
and District Karnal.
…
I was married to Rama Rani on 9.9.1991 as per Hindu
rites and ceremonies. Out of the wedlock, two children,
namely, Arun and Kiran were born. These children are in my
care and custody. On account of differences in our matrimonial
life, we have been residing separately for the last 15 years.
With the intervention of friends, relatives and respectables, we
made an attempt to reconcile our differences, so as to reside
together, but have failed. Our irreconcilable differences have
led us to a conclusion that it would be in our interest, in the
interest of our children and in the general interest of our
respective families that we part ways finally by bringing this
matrimonial tie to an end. Due to serious differences between
us, various litigations are pending namely;
i) FAO No.240-M of 2007 titled Ashok Kumar V. Rama Rani
arising out of HMA Case No.56 of 2006 filed by Rama Rani,
CM No.13631-32 of 2008 and
FAO No.240-M of 2007 -4-
under Section 9 of the Hindu Marriage Act pending for
22.7.2008;
ii) Criminal Complaint under Section 125 Cr.P.C. filed by
Rama Rani pending in the Court of Sh.Hem Raj Verma, Chief
Judicial Magistrate, Panipat for 15.12.2008;
iii) Criminal complaint under Section 323 IPC filed by Ashok
Kumar pending in the court of Sh.Narender Pal, Judicial
Magistrate, Ist Class.
iv) Guardian case No.135/2 titled Rama Rani versus Ashok
Kumar under Section 10 of the Guardians and Wards Act,
1890, which stands dismissed vide order dated 15.5.2007
passed by Sh.H.S. Dahiya, Civil Judge (Senior Division),
Panipat.
I am paying a sum of Rs.6.00 lacs through Demand Draft
No.028106 dated 21.7.2008 to Smt.Rama Rani. Photostat copy
I tender in Court. The photostat copy is assigned as mark `A’.
We have agreed that as Rama Rani has received this amount,
she shall have no claim to any permanent alimony, maintenance
past, present or future, Istri Dhan etc. She shall be bound to
withdraw all the cases instituted by her, both civil and criminal.
I shall also withdraw any case instituted by me, whether civil or
criminal. The custody of the children, namely, Arun and Kiran
shall remain with me and Rama Rani shall not claim custody of
the children. I pray that in view of my statement and my
affidavit, our marriage be dissolved by grant of a decree of
divorce by mutual consent.”
CM No.13631-32 of 2008 and
FAO No.240-M of 2007 -5-
“Statement of Smt.Rama Rani d/o Kanwar Bhan wife of Ashok
Kumar, resident of H.No.598/9, Kalender Chowk, Panipat.
…..
I was married to Ashok Kumar on 9.9.1991 as per Hindu
rites and ceremonies. Out of the wedlock, two children,
namely, Arun and Kiran were born,who are at present in the
care and custody of Ashok Kumar. On account of differences
in our matrimonial life, we have been residing separately for
the last 15 years. With the intervention of friends, relatives and
respectables, we made an attempt to reconcile our differences,
so as to reside together, but have failed. Our irreconcilable
differences have led us to a conclusion that it would be in our
interest, in the interest of our children and in the general
interest of our respective families that we part ways finally by
bringing this matrimonial tie to an end. Due to serious
differences between us, various litigations are pending namely;
i) FAO No.240-M of 2007 titled Ashok Kumar V. Rama Rani
arising out of HMA Case No.56 of 2006 filed by Rama Rani,
under Section 9 of the Hindu Marriage Act pending for
22.7.2008;
ii) Criminal Complaint under Section 125 Cr.P.C. filed by
Rama Rani pending in the Court of Sh.Hem Raj Verma, Chief
Judicial Magistrate, Panipat for 15.12.2008;
iii) Criminal complaint under Section 323 IPC filed by Ashok
Kumar pending in the court of Sh.Narender Pal, Judicial
Magistrate, Ist Class.
CM No.13631-32 of 2008 and
FAO No.240-M of 2007 -6-
iv) Guardian case No.135/2 titled Rama Rani versus Ashok
Kumar under Section 10 of the Guardian and Wards Act, 1890,
which stands dismissed vide order dated 15.5.2007 passed by
Sh.H.S. Dahiya, Civil Judge (Senior Division), Panipat.
I have received a Demand Draft No.028106 dated
21.7.2008 of Rs.6.00 lacs from Sh.Ashok Kumar in full and
final settlement of all claims past,present or future,
maintenance, permanent alimony, Istri Dhan etc. I shall not
claim any such amount in future. I shall withdraw any
proceedings civil or criminal initiated by me. The custody of
the children, namely, Arun and Kiran shall remain with Ashok
Kumar and I have no objection, if he continues to retain the
custody and guardianship of the minor children. I shall not
claim their custody at any time in future. I pray that in view of
my statement and my affidavit, our marriage be dissolved by
grant of a decree of divorce by mutual consent.”
A perusal of the above statements and the arguments addressed
by counsel for the parties reveal that parties to the present petition have
arrived at a written compromise, agreeing to bring their matrimonial ties to
an end. The parties pray that on account of irreconcilable differences and
despite attempts by friends, relatives and respectables, they have failed to
reconcile their differences and have, therefore, arrived at a considered
conclusion that they should bring their matrimonial ties to an end in terms
of a written compromise. The parties have deposed in unison that they have
CM No.13631-32 of 2008 and
FAO No.240-M of 2007 -7-
agreed to part ways, without any undue influence, fraud or coercion and
have signed the petition for grant of divorce by mutual consent of their own
free will.
The petitioner husband has paid a sum of Rs.6.00 lacs by way
of Demand Draft No.028106 dated 21.7.2008 to Smt.Rama Rani, who have
accepted the same and has stated that in lieu of the amount so received, she
shall not raise any claim for any permanent alimony, maintenance past,
present or future, Istri Dhan etc. Both parties have also agreed to withdraw
all cases that they may have instituted. Parties have also agreed that the
custody of Arun and Kiran shall remain with Ashok Kumar and wife Rama
Rani shall not claim their custody.
In view of what has been stated herein above, the joint petition
for grant of divorce filed under Section 13-B of the Act is allowed and the
impugned order is set aside. The marriage between petitioner Ashok
Kumar and respondent Rama Rani is annulled. A decree of divorce by
mutual consent be drawn up. The FAO stands disposed of accordingly. No
order as to costs.
22.7.2008 ( RAJIVE BHALLA ) GS JUDGE