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Shri Ravi Singh S/O Rajendra Singh vs Smt. Swati Alias Sakshi Kanwar D/O … on 8 July, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No. 3236/2018

Shri Ravi Singh S/o Rajendra Singh, Aged About 33 Years, B/c
Rajput, R/o 447, Khwas Ki Haveli, Hawa Mahal Road, Tehsil And
District Jaipur (Raj)
—-Appellant
Versus
Smt. Swati Alias Sakshi Kanwar D/o Girraj Singh W/o Ravi Singh,
Aged About 30 Years, B/c Rajput, R/o Sharda Colony, Khor Jaipur
At Present Residing At 55, Bhattarji Ki Haveli, Opposite Hawa
Mahal, Jaipur (Raj)
—-Respondent

For Appellant(s) : Mr. Abhi Goyal
Mr. Ravi Singh, appellant present in
person.

For Respondent(s) : Mr. Ritvik Dave.

Mrs. Swati alias Sakshi Kanwar,
respondent present in person.

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

Judgment

08/07/2019
This appeal has been filed by the appellant-husband Mr.

Ravi Singh challenging order dated 29.05.2018 passed by Family

Court No. 1, Jaipur (for short ‘the Family Court’) whereby

application under Section 24 of the Hindu Marriage Act, 1955 (for

short ‘the Act’) filed by the respondent-wife for grant of

maintenance pendente lite has been allowed and the appellant has

been directed to pay a sum of Rs. 10,000/- per month to the

respondent-wife as maintenance from the date of filing of the

application till pendency of petition under Section 13 of the Act.

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When the matter was listed before this Court on

23.05.2019, it was stated by the parties that they have filed a

deed of compromise wherein they have agreed to settle the

dispute by obtaining decree of divorce by mutual consent in lieu of

permanent alimony of Rs. 7,00,000/- to be paid by the appellant-

husband to the respondent-wife. A sum of Rs. 1,00,000/- was

paid in cash to the respondent-wife on that day and remaining

amount of Rs. 6,00,000/- was to be paid through demand draft

before this Court today, i.e. 08.07.2019. Learned counsel for the

parties were directed to move an application under Section 13B of

the Act for obtaining decree of divorce by mutual consent and the

matter was ordered to be listed today.

Matter has been listed today before the Court along

with Application No. 43152/2019 filed under Section 13B of the

Act. Learned counsel for the parties jointly submit that the

aforesaid application has been filed seeking decree of divorce by

mutual consent. Demand draft of Rs. 6,00,000/- dated

01.07.2019 in favour of the respondent-wife has been produced in

terms of order of this Court dated 23.05.2019 and as per the

compromise arrived at between the parties, the aforesaid demand

has been handed over to the respondent-wife who is present in

the Court today itself and copy thereof has been placed on record

of the file. Along with aforesaid application, deed of compromise

arrived at between the parties has also been annexed. The terms

and conditions of compromise as enumerated therein are

reproduced hereunder:

“1.That the parties hereto do hereby declare and confirm that the
Deed of Compromise under these presents does not amount to
any collusion on their part, and they do hereby further and once

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again declare and confirm that they sincerely enter into and
execute this Deed of Compromise only with their full consent and
final agreement.

2.That the parties hereto do hereby declare and confirm that they
have mutually agreed to opt for such a course of mutual
understanding and amicable settlement with a view to saving a
lot of time, money and energy and also serving the cause of their
family as a whole, for they now better know that it would always
be better and in the interests of both the parties to choose for
such a course, because they have, though belatedly but rightly,
given a thought to their ideas to the effect that fighting(in terms
of Litigation) in the courts of law will not serve any purpose, and
they also really know that in such family and matrimonial affairs,
there is really no winner and there is no loser.

3.That since the Husband and Wife are residing separately for
more than past 3 years therefore the parties have mutually
decided to seek decree of divorce.

4.That the Husband shall pay a sum of Rs.7,00,000/- (In words
Rupees Seven Lakhs) to the wife as one-time full and final
payment towards the maintenance, permanent-alimony, the
amount shall be paid in the below mentioned manner:

Amount Paid at the time of
Rs.1,00,000/- (One Lakhs) At the time of execution of the
present compromise.
Rs.6,00,000/- (Six Lakhs) On or before July 8th2019.

the Husband shall prepare a Demand Draft in name of wife for an
amount of Rs.6,00,000/- (In words Six Lakhs) that shall be paid
or made available in the manner prescribed in the above
mentioned manner. Further in case the Husband fails to make the
payment to the wife as per the above mentioned schedule then
the payment made by the Husband at the time of executing the
compromise shall get forfeited and the wife shall be further
entitled to seek the maintenance as determined by the Learned
Court below. Apart from the above mentioned amount the wife will
not claim any other amount towards maintenance for herself or
even otherwise.

5.That while executing this Deed of Compromise, the wife does
hereby agree and undertake to simultaneously withdraw all the
criminal complaints, F.I.R, civil suits, family court petitions other
then grant of divorce, if any, lodged or filed by her against the
husband, family members of the husband and also to extend the
fullest cooperation to the husband or any other person authorised
by him in all such matters and litigations, and this is a condition
precedent put forth by the husband unto the wife for entering into
the memorandum of understanding under these presents.

6.That while executing this Deed of Compromise, the Husband
does hereby agree and undertake to simultaneously withdraw all

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the criminal complaints, F.I.R, civil suits, family court petitions
other then grant of Divorce, if any, lodged or filed by him against
the wife, family members of the wife and also to extend the fullest
cooperation to the wife or any other person authorised by her in
all such matters and litigations, and this is a condition precedent
put forth by the wife unto the husband for entering into the
memorandum of understanding under these presents.

7.That the parties hereto do hereby agree and undertake not to
file any civil action or lodge any criminal complaint against each
other or the family member of each other in the future.

8.That if there are any Bank accounts, etc. in the joint names of
the parties hereto, the same shall be closed with immediate effect.

9.That if there are any Fixed Deposits, or any other Investments
in the joint names of the parties hereto, the same shall be
retained by the Husband, and the other party shall cooperate by
giving signature, wherever required, to remove the joint name.

10.That in future, neither of the parties shall claim for any
maintenance charges or claim any property from each other after
the execution of the present deed.

11.That in case if wife refrains herself from appearance before the
Hon’ble High Court or the Family Court at any point of time for
either grant of Decree of Divorce, the husband will have the right
to either stop the payment of Demand Draft or to recover the said
amount and in case the Husband refrains from appearing before
the Learned Family Court or the High Court for grant of Decree of
Divorce the wife shall have a right to forfeit the amount so
advanced under the present compromise.

12.That the wife hereby acknowledges that she has received a
sum of Rs.1,00,000/- (In words Rupees One Lakhs only) as
mentioned above in para no. 4 of the Compromise
Deed/Memorandum of Understanding.

13.That from now onwards both the parties shall not interfere in
the lives of each other and shall be free to live their life in their
own manner.

14.That this deed of compromise has been read-over by both the
parties and further has been explained in hindi Language as such
the same is also being executed in 2 copies.”

Both the parties are present in the Court and they have

signed order sheet of the file and have been identified by their

respective counsel.

Learned counsel for the parties submitted marriage

between the parties was solemnised on 12.022015 and they are

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living separately since 04.04.2015, therefore, requisite period of

one year was not completed.

Even otherwise, this Court has the power to waive the

cooling period of one year in view of 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. 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.

In view of above, we are persuaded to allow the appeal.

The appeal is accordingly allowed. The order dated 29.05.2018

passed by the Family Court No. 1, Jaipur is set aside. The

application filed by the parties under Section 13B of the Act before

this Court is allowed. Consequently, petition under Section 13 of

the Act pending before the Family Court No. 1, Jaipur is also

allowed. The marriage between the appellant-husband and the

respondent-wife is therefore dissolved by mutual consent with

immediate effect. Decree of divorce be prepared accordingly.

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

MANOJ NARWANI /19

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