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SUPREME COURT OF INDIA
K. RAMASWAMY AND B.L. HANSARIA, JJ.
Preeti Singh, Petitioner
Versus
Sandeep Singh and others, Respondents.
Cri. M. P. No. 1207 of 1992, in Transfer Petn. No. 43 of 1992
Decided on 25-4-1995.
Section 13(B)(1) & (2) - Hindu Marriage Act, 1956 - Decree of divorce by mutual consent
Fact of the Case:
The parties filed a petition for mutual divorce under Section 13(B)(1) & (2) of the Hindu Marriage Act, 1956. The marriage was dissolved as per the court's order, and all proceedings were withdrawn and dismissed. Monetary amounts were deposited for the minor daughter, but certain units and interest were not handed over by the respondent.
Finding of the Court:
The court disposed of the petition, concluding that all disputes between the parties were resolved. The respondent agreed to hand over the outstanding units and interest within six months.
Issues: Petition for mutual divorce, dissolution of marriage, monetary deposits for minor daughter, outstanding units and interest
Ratio Decidendi: The court enforced the dissolution of marriage by mutual consent and ensured the completion of monetary obligations for the minor daughter. The respondent's agreement to hand over the outstanding units and interest was crucial in resolving the dispute.
Final Decision: The petition was disposed of, and all disputes between the parties were concluded. The court ordered the respondent to hand over the outstanding units and interest within six months.
JUDGMENT
Petition under Section 13(B)(1) & (2), of the Hindu Marriage Act, 1956 for a decree of divorce by mutual consent duly signed by both the parties is taken on record.
2. As per the directions of this Court by order dated October 21, 1994, the parties have filed the petition for mutual divorce. In terms of the order, the marriage of the petitioner and the respondent stands dissolved and the divorce takes effect from today. In terms of the compromise all the proceedings instituted by either party in any Court or before any authority stand withdrawn and dismissed.
3. In terms of the order passed by this Court earlier, amount of Rs. 1.25 lakhs in addition to Rs. 30,000/- were deposited by the respondent in the name of daughter Approva. The said amount shall remain in the name of minor till she attains majority. The respondent has also paid Rs. 1.5 lakhs to the petitioner.
4. It is brought to our notice that the respondent had not given to the petitioner 2000 Units of Seven Years Monthly Income Unit with Bonus and Growth, 1990 (II) (Cumulative Growth) valued at Rs. 20,000/- deposited on December 31, 1990 which would mature on December 16, 1997. While the respondent has handed over a Term Deposit Receipt No. 555924 dated 17-11-1994 for a sum of Rs. 32,000/- deposited in the name of his minor daughter, which would represent the fixed deposit kept in the name of the minor in F. D. R. No. 555924, the interest accrued thereon was not added to the amount of Rs. 32,000/- deposited by the respondent. Learned counsel for the respondent fairly agreed across the Bar that his client would give the aforesaid units and deposit the amount of interest of the fixed deposit in the name of the minor and would hand over the fixed deposit receipt thereof to the counsel for the petitioner. Counsel for the respondent has undertaken to handover the same to the counsel for the petitioner and obtain the receipt of handing over within six months from today.
5. The petition is accordingly disposed of. The disputes now totally stand concluded between the parties.
Order accordingly.
For Citation: AIR 1995 SC 1851
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