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Ms. Bhawna Anand W/O Sh Rahil Kumar … vs Shri Rahil Kumar Jawa S/O Sh. … on 25 September, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No. 2082/2019

Ms. Bhawna Anand W/o Sh Rahil Kumar Jawa D/o Sh. Brahm
Prakash, Aged About 35 Years, R/o 162 Mastin Road, Steford, Ast-
163, B.S. England, At Present G-4/181, Sector 11, Rohini, Delhi-
110085.
—-Appellant
Versus
Shri Rahil Kumar Jawa S/o Sh. Rajinder Kumar Jawa, R/o H.No. A-
302, Triveni Nagar, Block A, Gopal Pura By Pass, Ward No. 14, Distt.
Jaipur, Rajasthan.
—-Respondent

For Appellant(s) : Mr. I.J.S. Mehra
Mrs. Bhawna Anand, appellant, present
in person
For Respondent(s) : Mr. Amit Jindal with
Mrs. Neetu Bhansali
Mr. Rahil Kumar Jawa, respondent,
present in person

HON’BLE THE ACTING CHIEF JUSTICE

HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

25/09/2019

Both the appellant-wife and the respondent-husband are present

in the Court. They have signed the court proceedings. They have been

identified by their respective counsel. Both the parties have agreed to

get get their disputes resolved as per the settlement entered between

them.

This appeal on behalf of the appellant-wife is directed against the

judgment and decree dated 30.03.2019 of the learned Judge, Family

Court No.2, Jaipur, in Case No.966/2016 (NCV No.01/2017) titled Rahil

Kumar Jawa Vs. Bhawna Anand, whereby the learned Judge declared

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the marriage of the appellant-wife with the respondent-husband

solemnized on 08.07.2014 in Arya Samaj Mandir, Tis Hazari, Delhi, to

be annulled under Section 11 of the Hindu Marriage Act, 1955.

Both the parties with the persuasion of their learned counsel have

arrived at an amicable settlement, and pursuant to which they have

filed an application containing the term of the settlement arrived

between them today, which reads as under:-

“The humble appellant as well as humble respondent most
respectfully submit as under:-

1. That the appellant has filed the above mentioned appeal
challenging judgment and decree dated 30.03.2019 passed
by Ld. Family Court No.2, Jaipur in the application filed by
the respondent under Section 11 of the Hindu Marriage Act
by which the marriage of the appellant with the respondent
was declared null and void.

2. That both the parties want to live peacefully in future
hence filing this application to convert the proceedings
under Section 13B of Hindu Marriage Act from mutual
divorce.

3. That the appellant undertakes that she will withdraw all
the cases filed by her in different courts/police station the
detail of the cases are as under:-

A. Criminal writ petition no.1974/2017 pending
before Delhi High Court.

B. FIR No.564/2016 lodged at Police Station
Prashant Vihar, Rohini, New Delhi for offence under
Sectionsection 498A, Section406 and Section420 IPC.

C. Domestic Violence Case No.9234/2016 titled as
Bhawna Versus Rahil.

D. Case No.333/2017 filed under section 125 Cr.P.C.

E. Criminal Revision No.178/2019 filed against order
dated 05.04.2019 in domestic violence Act case.

F. Complaint no.565/2017 filed under Section 376
IPC before Metropolitan Magistrate, Delhi in which
cognizance has not been taken till date.

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4. That the respondent undertakes that he will withdraw all
the cases filed by him in different courts/police station. The
detail of the cases are as under:-

A. Criminal Misc. Petition filed under Sectionsection 482
Cr.P.C. pending before Rajasthan High Court.

B. FIR No.357/2019 lodged at Police Station Ashok
Nagar, District Jaipur.

C. Defamation Case filed by the respondent in which
matter is at the state of inquiry under Section 202
Cr.P.C.

5. That the appellant undertakes that she will not claim any
maintenance/permanent alimony from respondents and will
also not make any claim in the movable and immovable
properties of the respondent and his family members.

6. That both the parties undertakes that they will not file
any case against each other in future.

7. That both the parties undertakes that they will withdraw
their respective cases within the period of one month and
both the parties shall cooperate each other for withdrawal of
the cases.

8. That the appellant undertakes that she will made herself
available in India as and when it is required for disposal of
the cases filed by both the parties.

9. That both the parties undertakes that if any party
violates the terms and conditions of this amicable
settlement then other party will have the right to file
contempt petition before this Hon’ble Court. After serving
seven days notice through registered posts.

10. That both the parties request to this Hon’ble Court to
decide the above mentioned appeal on the basis of this
amicable settlement by dissolving their marriage dated
08.07.2014 with mutual consent.

In view of the above settlement, the parties have agreed to

withdraw the cases registered against each other. The appellant-wife

shall withdraw the cases mentioned in para 3 of the settlement and the

respondent-husband shall withdraw the cases mentioned in para 4 of

the settlement. The appellant-wife has also agreed that she will not

claim any maintenance/permanent alimony from the respondent-

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husband and will also not make any claim in the movable and

immovable properties of the respondent-husband and his family

members.

Learned counsel for the parties at this stage submit that in view of

the compromise entered between the parties, the allegation made in

the petition/appeal that the appellant-wife was already married from

before and she contacted second marriage without obtaining the

divorce from the first husband be set aside. Since the parties have

jointly made such request, the allegation so made as also the finding

recorded thereabout by the Family Court is set aside.

Even though the marriage between the parties was solemnized on

08.07.2014 but as per assertion made in the divorce petition and also

jointly submitted by both the parties today before this Court, they have

been living separately for last more than three years. The requirement

of living separately for a period of one year or more after marriage as

per the first motion of Section 13B(1) of the Hindu Marriage Act, 1955

is thus fulfilled. Learned counsel for both the parties submitted that the

period of second motion as per Section 13B(2) of the Hindu Marriage

Act, 1955 may be waived by this Court. Learned counsel for the parties

submitted that the proceedings in the present case may be converted

into one under Section 13B of the Hindu Marriage Act, 1955 for grant of

decree of divorce by mutual consent.

Learned counsel for the parties also jointly submit that these

proceedings may be converted into the proceedings under Section 13-B

of the Hindu Marriage Act, 1955 and they may be granted a decree of

divorce by mutual consent in view of the settlement, referred to above.

In support of this submission, learned counsel relied on the judgments

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

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

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Nangia – (2012) 8 SCC 580, and Amardeep Singh Vs. Harveen

Kaur – (2017) 8 SCC 746. 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 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.

Learned counsel for the parties have also relied on the judgment

of this Court in Smt. Palak Jain Vs. Naveen Rawat, (2019) AIR

(Raj.) 33, wherein also this Court waived the cooling off period of six

months and ordered to dissolve the marriage of the parties by mutual

consent in terms of the compromise entered into between the parties.

In view of the above, the appeal is disposed of. The judgment and

decree dated 30.03.2019 of the Family Court No.2, Jaipur, in Case

No.966/2016 (NCV No.01/2017) is set aside. The marriage between

appellant-husband and respondent-wife is therefore dissolved by

mutual consent with immediate effect in terms of the settlement,

referred above, entered between them. The conditions of settlement,

referred above, shall form part of this judgment. Decree of divorce be

prepared accordingly.

(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),ACTING C.J.

//Jaiman//7

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