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Puneet Bakshi vs Sunila Bakshi on 3 January, 2019

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 102 of 2018
Date of Decision No.3.01.2019

.
_

Puneet Bakshi …….Petitioner

Versus

Sunila Bakshi …..Respondent
_

Coram:
Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1 Yes.

For the Petitioner: Mr. Sat Prakash, Advocate.

For the Respondent: Mr. Vishal Panwar, Advocate.
_
Sandeep Sharma, Judge (oral):

By way of present petition filed under Article 227 of

the constitution of India read with Section 482 of the Code of

Criminal Procedure, challenge has been laid to judgment dated

4.12.2017, passed by learned District Judge, Chamba, District

Chamba, H.P., in Criminal Appeal No.24 of 2016, affirming the

order dated 13.5.2016, passed by learned Chief Judicial

Magistrate, Chamba, District Chamba, H.P., in Case No 21-I of

2012, whereby learned trial Court while allowing the petition filed

under Section 12 and 18 of the Protection of Women from

Domestic Violence Act, 2005 (hereinafter referred to as the
1
Whether the reporters of the local papers may be allowed to see the judgment?

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2

“D.V. Act”),directed the petitioner-husband to provide one well

furnished room with WC and kitchen in the locality and to pay

.

maintenance allowance to the tune of Rs. 8000/- per month to the

respondent-wife from the date of order i.e. 13.5.2016, as interim

maintenance.

2. Briefly stated facts, as emerge from the record are

that marriage inter se petitioner-husband and the respondent-wife

was solemnized on 25th February, 2008 at village Mehla, Tehsil

and District Chamba, H.P., as per Hindu Rites and Customs

prevalent in the illaqua. However, fact remains that due to certain

differences, parties referred hereinabove, were unable to live

together for long. In the year, 2011, respondent-wife left her

matrimonial house and started living with her parents at her

parental house. On 16th January, 2012, respondent-wife filed

petition under Section 12 and 18 of D.V. Act, praying therein for

maintenance as well as accommodation to live. Vide interim order

dated 16.3.2012, learned Chief Judicial Magistrate directed the

petitioner to provide one well furnished room with WC and kitchen

in the locality and subsequently vide order dated 13.5.2016 while

confirming its interim order dated 16.3.2012, also directed the

petitioner-husband to pay maintenance allowance to the tune of

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3

Rs. 8000/- per month to the respondent-wife from the date of the

order.

.

3. Being aggrieved and dissatisfied with the aforesaid

order passed by the learned Chief Judicial Magistrate, Chamba,

petitioner-husband preferred an appeal under Section 29 of the

Protection of the Women from Domestic Violence Act, 2005 in the

Court of learned District Judge, Chamba, District Chamba, H.P,

which came to be dismissed vide judgment dated 4 th December,

2017, as a consequence of which, order dated 13th May, 2016,

passed by learned Chief Judicial Magistrate, Chamba came to be

upheld. In the aforesaid background, petitioner-husband

approached this Court in the instant proceedings, praying therein

to set-aside the judgment passed by the learned District Judge,

whereby he upheld the order dated 13th May, 2016, passed by the

learned Chief Judicial Magistrate, Chamba, granting maintenance

in favour of the respondent-wife.

4. During the proceedings of the case, this Court having

taking taken note of the nature of controversy inter se parties,

deemed it fit to summon both the parties to the Court. After

having interacted with the parties, this Court found that there is no

possibility, if any, of rapprochement inter se parties and their

relation is beyond repair, however on the persuasion of this Court,

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parties agreed to sit with each other, so that some possibility, if

any, of amicable settlement inter se them, is explored. On

.

29.11.2018, learned counsel representing the parties informed

this Court that parties have agreed to resolve their dispute

amicably inter se them, whereby they have mutually agreed to file

joint petition under Section 13-B of the Hindu Marriage Act,

praying therein for dissolution of marriage by way of mutual

consent. This Court was also informed that as per settlement,

petitioner-husband, namely Puneet Bakshi has agreed to pay a

sum of Rs. 10 lac, as permanent alimony to the respondent-wife,

namely Sunila Bakshi. Cheque amounting to Rs. 5 lac came to

be handed over to respondent-wife in the Court itself on

29.11.2018 in terms of the agreement arrived inter se parties,

whereas petitioner-husband agreed to pay remaining amount of

Rs. 5 lac within a period of four weeks. On that date, Mr. Vishal

Panwar, learned counsel representing the respondent-wife stated

that a sum of Rs. 2, 40,000/-, is also payable to the respondent-

wife on account of arrears towards maintenance awarded by the

learned Courts below under various provisions of law. Mr. Sat

Prakash, learned counsel representing the petitioner-husband, on

instructions of his client, stated that he is ready and willing to pay

a sum of Rs. 1 lac in toto qua the areas, if any, which offer was

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5

accepted by the respondent-wife. With a view to enable the

petitioner-husband to pay remaining amount, matter was

.

adjourned for today i.e. 3.01.2019.

5. Today, during the proceedings of the case, Mr. Sat

Prakash, learned counsel representing the petitioner-husband,

handed over cheque No.671804, dated 3.1.2019, amounting to

Rs. 6 lac( five lac balance amount towards permanent alimony

and Rs. One lac arrears of maintenance) to the respondent-wife,

who is present in Court. He stated that since entire amount

towards alimony now stands paid, learned Court below, where the

divorce petition having been filed by the petitioner-husband is

pending, can be ordered to pass decree of dissolution of

marriage by way of mutual consent.

6. Mr. Vishal Panwar, learned counsel representing the

respondent-wife, on instructions of his client, stated that she has

no objection in case the present petition is disposed of with a

direction to the learned Court below to dispose of the divorce

petition having been filed by the petitioner-husband, as has been

prayed by learned counsel for the petitioner-husband.

7. Though, as has been recorded hereinabove, parties

have resolved to settle their dispute amicably, but this Court also

recorded the statements of both the parties on oath in the Court,

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to enable the learned Court below to pass appropriate orders, if

any, on the petition to be filled by both the parties jointly under

.

Section 13-B of Hindu Marriage Act. Both petitioner-husband and

respondent-wife on oath stated before this Court that they of their

own volition and without there being any external pressure have

entered into the compromise inter se each other, whereby they

have agreed that they would be filing joint petition under Section

13-B of the Hindu Marriage Act, in the Court of learned Additional

District Judge, seeking therein dissolution of marriage by way of

mutual consent. Smt. Sunila Bakashi, respondent-wife

categorically stated before this Court that she has received a sum

of Rs. 10 lac towards permanent alimony and as such, she has

no claim pending against the petitioner-husband. She further

stated that she will not claim any amount now from the petitioner-

husband, who has also given her Rs. One lac towards arrears of

maintenance in terms of order dated 29.11.2018, passed by this

Court. She also stated that as per the terms and conditions, she

would be withdrawing all the cases registered at her behest

against the petitioner-husband all various Courts of law.

Petitioner-husband also stated on oath that he alongwith

respondent-wife would be filling joint petition in the pending

divorce petition filed by him, to enable the learned Court below to

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pass decree of dissolution of marriage by mutual consent. Their

statements are taken on record.

.

8. Consequently, in view of the above, the present

petition is allowed. The judgment dated 4.12.2017, passed by

learned District Judge, Chamba, District Chamba, H.P., in

Criminal Appeal No.24 of 2016 and order dated 13.5.2016,

passed by learned Chief Judicial Magistrate, Chamba, District

aside.

r to
Chamba, H.P., in Case No 21-I of 2012, are quashed and set-

9. Both the parties, who are present in Court undertake

to file joint petition under Section 13-B of the Hindu Marriage Act,

within a period of one week. Learned Court below is directed to

decide the joint petition having been filed by both the parties

under Section 13-B of the Hindu Marriage Act, expeditiously. Both

the parties, who are present in Court, undertake to remain

present before the learned Court below at the time of

presentation of joint petition, so that one date is fixed by the

learned Court below for recording their statements, which has

been otherwise recorded by this Court in the instant proceedings,

which can also be taken note by the learned Court below while

passing the order on the joint petition filed under Section 13-B of

the Hindu Marriage Act. Record, if any, be sent forthwith.

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Accordingly, the present petition stands disposed of in

the aforesaid terms alongwith pending application(s), if any.

.

Interim order granted by this Court on 24.3.2018, is vacated.

Copy dasti.

(Sandeep Sharma),
Judge
3rd January, 2019.

(shankar)

r to

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