Surbhi Sharma Vs. Ranjeet Sharma
[Transfer Petition(s) (Civil) No. 545/2020]
Along with I.A. No. 170013 of 2021, a copy of settlement deed dated 24th December, 2021 duly signed by the parties to the petition has been placed on record. Both the learned Counsel appearing for petitioner and learned Counsel appearing for respondent state that the parties have resolved all their disputes in terms of the settlement deed.
Clause 3 of the settlement deed provides for passing a decree of divorce by mutual consent.
The prayer in the aforesaid I.A. is for converting the petition pending before the Principal Judge, Family Court, Bengaluru into a petition for divorce by mutual consent.
Hence, I dispose of the petition by passing the following order:
i. A copy of the settlement deed dated 24th December, 2021 is taken on the record. Parties are directed to appear either physically or through Video conference before the Family Court at Bengaluru on 4th March, 2022 at 10:30 am. The Settlement shall be filed on record of the Family Court.
ii. On the joint prayer made by the parties, the Family Court shall convert the pending petition into a petition under Section 13(B) of Hindu Marriage Act, 1955. The period of pendency of the petition shall be treated as a cooling period as provided in Section 13(B). The family court shall proceed to pass a decree in terms of the settlement.
……………………………J. [ABHAY S. OKA]