SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Kunal Bagarhatta S/O Shri Om … vs Smt Shipra Sharma (Bagarhatta) … on 4 September, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

(1) D. B. Civil Miscellaneous Appeal No. 2390/2018

Kunal Bagarhatta S/o Shri Om Prakash Bagarhatta, R/o 10/88,
Swarnpath, Mansarovar, Jaipur, Distt. Jaipur Rajasthan
—-Appellant
Versus
Smt. Shipra Sharma Bagarhatta, W/o Kunal Bagarhatta And D/o
Surendra Kumar Sharma, B/c Brahmin, R/o House No. 1/26,
Shanti Kunj, Alwar, Distt. Alwar Rajasthan
—-Respondent

Connected With
(2) D. B. Civil Miscellaneous Appeal No. 3288/2018
Kunal Bagarhatta S/o Shri Om Prakash Bagarhatta, Aged About 36
Years, R/o 10/88, Swarnpath, Mansarovar, Jaipur, Distt. Jaipur
(Rajasthan)(Mobile No. 9414096767). Presently Working And
Residing At Czech Republic Prague

—-Appellant
Versus
Smt Shipra Sharma (Bagarhatta) W/o Kunal Bagarhatta, Aged
About 32 Years, D/o Surendra Kumar Sharma, B/c Brahmin, R/o
House No. 1/26, Shanti Kunj, Alwar, Police Station Arawali Vihar,
Alwar Distt. Alwar (Rajasthan)

—-Respondent

For Appellant(s) : Mr. Saransh Saini.

Mr. Kunal Bagarhatta, appellant in
person.

For Respondent(s) : Mr. R.K. Mathur, Senior Counsel
assisted by Mr. Ashish Kumar.

Mrs. Shipra Sharma (Bagarhatta),
respondent in person.

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment

04/09/2019

Appeal No. 2390/2018 has been filed by the appellant

Kunal Bagarhatta against order dated 06.04.2018 passed by the

(Downloaded on 07/09/2019 at 09:12:26 PM)
(2 of 7) [CMA-2390/2018]

Family Court, Alwar (for short ‘the Family Court’) whereby

application filed by the respondent-wife under Section 24 of the

Hindu Marriage Act, 1955 (for short ‘the Act’) has been allowed and

the appellant has been directed to pay to her a sum of Rs. 75,000/-

per month as maintenance pendente lite.

Appeal No. 3288/2018 has also been filed by the

appellant Kunal Bagarhatta against order dated 14.06.2018 passed

by the Family Court whereby application filed by the appellant under

Section 9 of the Act for restitution of conjugal rights has been

dismissed in default/non-prosecution.

The respondent-wife filed petition for divorce under

Section 13 of the Act (No. 612/2015) in the year 2015. The parties

in this case were relegated to the mediation where efforts were

made for amicable settlement between them, but the same failed.

Subsequently, when these matters were listed before the Court, on

persuasion of learned counsel appearing for both the parties, the

parties have agreed to obtain a decree of divorce by mutual consent

on permanent alimony in the sum of Rs. 40,00,000/- (Rupees Forty

Lakhs) to be paid by the appellant-husband to the respondent-wife.

Such understanding between the parties was also recorded by the

Court in its order dated 07.08.2019:

“Both learned counsel jointly submit that the parties
have compromised the dispute and they have decided
to obtain the decree of divorce by mutual consent on
permanent alimony of Rs.40,00,000/- to be paid by
the husband to the wife. However, it is requested by
learned counsel for the husband that the matters may
be deferred to be listed on some other date to enable
the husband to appear before this Court to sign the
proceedings as he is staying in Prague in Czech
Republic and he can appear before this Court on
03.09.2019.

List on 03.09.2019.

Learned counsel for the parties pray for time to file
application for conversion of these proceedings into

(Downloaded on 07/09/2019 at 09:12:26 PM)
(3 of 7) [CMA-2390/2018]

one under Section 13-B of the Hindu Marriage Act,
1955 for grant of decree of divorce by mutual consent
and also to file settlement incorporating the conditions
pursuant to which the parties shall
withdraw/compromise the cases registered against
each other.”

After arrival of the appellant from Czech Republic, the

parties have filed a joint application under Section 19 of the Family

Court Act, 1984 read with Order 41 Rule 1 CPC and Section 13-B of

the Act in Appeal No. 2390/2018 with the prayer that proceeding of

the present appeals itself may be converted into proceedings under

Section 13-B of the Act for grant of a decree of divorce by mutual

consent.

Learned counsel for the parties have filed a deed of

compromise along with the application, which has been jointly

signed by the parties incorporating following terms of the settlement

arrived at between the parties:

“TERMS CONDITIONS OF THE COMPROMISE:

1. That the marriage of both the parties to this compromise taken
place on 06.05.2013, however, from 18.10.2014 the parties are
residing separately ad between both the parties cases are pending
as detailed out in succeeding paragraphs. Conciliation and
negotiation taken place at various stages including at the stage of
pending appeal before the Hon’ble High Court, both the parties
agreed to have a decree of divorce and further that a permanent
alimony be paid to the parties of Part-II by the party of Part-I to the
tune of Ra. 40.00 lacs as full and final settlement and to withdraw
and/or to get quashed the pending cases.

2. That between both the parties to this compromise following
cases are pending:-

S.No. Name of Court Case No. Title of Case Under
Section
1. Family Court, Alwar 612/2015 Shipra Vs. 13(A)/27 of
Kunal Hindu
Marriage Act.
2. Family Court, Alwar 11/2018 Shipra Vs. S.24 of Hindu
Kunal Marriage Act.
3. Family Court, Alwar 1/260/2016 Shipra Vs. S.125 (3) of
Kunal SectionCr.P.C.

(Downloaded on 07/09/2019 at 09:12:26 PM)
(4 of 7) [CMA-2390/2018]

4. Family Court, Alwar 41/2018 Kunal Vs. S.9 of Hindu
Shipra Marriage Act.
5. Addl. Civil Judge 59/2016 State Vs. Kunal S.498A, 406,
Judicial Magistrate 377 of SectionIPC
No.4, Alwar
6. Addl. Civil Judge 198/2016 Shipra Vs. Domestic
Judicial Magistrate Kunal Violence
No.1, Alwar
7. Addl. Civil Judge (I.A.) Shipra Vs. Domestic
Judicial Magistrate Kunal Violence
No.1, Alwar
8. High Court 5223/2017 Kunal Vs. 482 against
Shipra 125 Cr.P.C.

3. That as agreed, the above referred cases would be withdrawn
and/or get set aside by consent, cooperation and moving required
application jointly.

4. That both the parties now agreed to get decree of divorce by
mutual consent, for that an application is being moved under Section
13-B of Hindu Marriage Act before the Hon’ble Court, as directed.

5. That both the parties agreed further that for quashed the
pending criminal case bearing No. 59/2016 titled State of Rajasthan
V/s. Kunal Bagarhatta Others as pending before the learned
Judicial Magistrate No.4, Alwar, a Misc. Petition under Section 482 of
Cr.P.C. be filed with the consent jointly by the parties before the
Hon’ble High Court and accordingly said Criminal case be got
quashed based on this compromise.

6. That all other cases either referred to above or pending
consideration before any court/forum or authority would be
withdrawn by both the parties on their own with due intimation to
other party based on this compromise and both the parties hereby
agree specifically that if any other case has been filed or pending
consideration on his/her behalf, same would be taken back.

7. That both the parties agree further that no other case/litigation
would be initiated as against each other in any other court in India
or outside of the Indian Territory and further that both the parties
would abide by the terms and conditions of this deed of compromise.

8. That so far as the agreed amount of permanent alimony as
agreed as full and final settlement over and above the maintenance
part paid namely the amount of Rs.40.00 lacs would be paid by the
Party of Part-I to the Party of Part-II, as under:-

(i) Rs.20.00 lacs through cheque bearing No.359295 dated
3.9.2019 drawn at UO Bank, Mansarovar Branch, Jaipur.

(ii) Rs.10.00 lacs through cheque bearing No.359296 dated
3.10.2019 drawn at UO Bank, Mansarovar Branch, Jaipur.

(Downloaded on 07/09/2019 at 09:12:26 PM)

(5 of 7) [CMA-2390/2018]

(iii) Rs.10.00 lacs through cheque bearing No.359297 dated
3.11.2019 drawn at UO Bank, Mansarovar Branch, Jaipur.

9. That both the parties on the basis of compromise taken place
withdraw all the allegations leveled by them as against each other
and wherever such allegations are made, same would be treated as
struck off the record/proceedings/file and further as if same are not
made at all by the parties to this compromise and both the parties
agree specifically that they will not use such allegations anywhere in
future.

10. That after the grant of decree of divorce based on the present
compromise, both the parties would be free to re-marry or live in
the manner suited to them without any kind of interference by either
of the parties and they shall not object in future after grant of
decree of divorce in the life of each other under the garb of the
proceedings/case filed or the marriage taken place.

11. That both the parties shall not claim any right, title or interest
in properties of other parties, in future. This deed of compromise is
executed, written and arrived at with free consent and soundness of
the mind by the parties without any pressure or coercion. This deed
be used by the parties to this compromise for necessary action
which is to be taken for getting divorce petition decided or for that
matter withdraw the cases or getting quashed the cases as agreed.

12. If cheque or any of cheques mentioned in para No.8 of this
compromise comes to dishonour, it would be paid through DD within
two days, on failure the first party is liable for prosecution of offence
U/s 138 of SectionN.I. Act and be liable for punishment of contempt of
SectionCourts Act before this Hon’ble Rajasthan High Court. It is also
agreed that all cases settle on the basis of this compromise would be
revived by the second party. No amount shall be refunded/adjusted
by second party.

13. That the bank guarantee as given by the party of Part-I before
the learned Court below concerned shall come to an end
automatically in view of the compromise and the Party of Part-I
would be free to have the money back from the authority/bank
concerned on automatic revocation of the bank guarantee.

Sd/ Sd/
(Party of Part I) (Party of Part II)”

Both the parties are present in the Court and signed

proceedings of the Court. They have been identified by their

counsel. They have expressed their willingness to obtain decree of

divorce by mutual consent.

Learned counsel for the parties jointly contended that

marriage of the parties was solemnised on 06.05.2013 at Jaipur but

(Downloaded on 07/09/2019 at 09:12:26 PM)
(6 of 7) [CMA-2390/2018]

the parties are living separately since 18.10.2014. Petition seeking

divorce under Section 13 of the Act was filed way back in the year

2015 and therefore period of one year under Section 13-B of the Act

has lapsed long back. Both the learned counsel pray that in the

facts of the case the cooling off period of six months provided under

Section 13B(2) of the Act may be waived. Learned counsel for the

parties in support of their submission relied upon the judgments of

the Supreme Court in Veena Vs. State Govt. of NCT, Delhi

Anr., (2011) 14 SCC 614, Devinder Singh Narula Vs.

Meenakshi Nangia – (2012) 8 SCC 580, and Amardeep Singh

Vs. Harveen Kaur – (2017) 8 SCC 746.

The appellant-husband has handed over to the

respondent-wife in the Court three cheques; i.e. cheque dated

03.09.2019 of Rs. 20,00,000/-; cheque dated 03.10.2019 of Rs.

10,00,000/- and cheque dated 04.11.2019 of Rs. 10,00,000/-, all

drawn on UCO Bank, Mansarovar Branch, Jaipur. The appellant

undertakes to maintain sufficient balance in the bank account so as

to enable the respondent to get all the three cheques encashed. It

is made clear that if any of the cheques is bounced, the respondent

would be at liberty to get this order recalled.

Learned counsel for the parties submit that pursuant to

this order, the parties will get the complaint filed by the respondent-

wife against the appellant-husband under Section 498-A, Section406 and

Section377 IPC quashed on the basis of the compromise arrived at between

the parties.

In Amardeep Singh, supra, the Supreme Court laid

down that since the cooling off period mentioned in Section 13-B(2)

is not mandatory but directory, it will be open to the court to

(Downloaded on 07/09/2019 at 09:12:26 PM)
(7 of 7) [CMA-2390/2018]

exercise its discretion in the facts and circumstances of each case

where there is no possibility of parties resuming cohabitation and

there are chances of alternative rehabilitation.

In view of above, Appeal No. 3288/2018 is dismissed as

not pressed. Joint application filed by the parties under Section 19

of the Family Court Act, 1984 read with Order 41 Rule 1 CPC and

Section 13-B of the Act in Appeal No. 2390/2018 is allowed and the

proceedings of aforesaid appeal are converted into proceedings

under Section 13-B of the Act for grant of a decree of divorce by

mutual consent. The marriage of the appellant-husband and the

respondent-wife solemnised on 06.05.2013 is therefore dissolved by

mutual consent with immediate effect. Decree of divorce be

prepared accordingly.

Pursuant to the settlement arrived at between the parties,

learned counsel for the appellant submitted that the appellant does

not press Appeal No. 3288/2018 as it has been rendered infructuous

and he shall also withdraw the petition under Section 13 of the Act

filed before the Family Court which has been now rendered

infructuous.

Appeal No. 2390/2018 stands disposed of.

Office is directed to place a copy of this judgment on

record of connected appeal.

(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

MANOJ NARWANI /113-114

(Downloaded on 07/09/2019 at 09:12:26 PM)

Powered by TCPDF (www.tcpdf.org)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation