The court recognized the validity and influence of a settlement agreement in setting aside a decree of divorce and converting a petition into a mutual consent divorce petition under the Hindu Marriage Act.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Appellant impugns judgment dated 27.01.2020, whereby, the petition filed by the respondent seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act (hereinafter referred to as the `Act') had been allowed and a Decree of Divorce was passed.

2. With the intervention of the Court and the respective counsel, the parties have settled their disputes and the Settlement Agreement dated 16.05.2023 has been executed. Copy of the agreement duly certified by the parties and their counsel has been produced. The same is taken on record.

3. Parties are present in person along with their respective counsel. Parties assure that they have settled the disputes amicably and undertake that they shall perform the respective obligations stipulated in the Settlement Agreement. In view of the settlement, appellant/wife undertakes that she shall cooperate with the quashing of the subject FIR.

4. The undertakings are accepted. We have also perused the terms of the settlement and find the same to be lawful.

5. Parties pray that in view of the settlement, the Decree of Divorce dated 27.01.2020 be set aside and the parties be permitted to dissolve their marriage by mutual consent.

6. In view of above, the impugned order dated 27.01.2020 is set aside and the petition is restored to its original number on the record of the Family Court.

7. In view of the above, the oral prayer of the parties is accepted and the petition filed by the respondent under Section 13(1) of the Act is allowed to be amended and is converted into a petition under Section 13B(1) for grant of divorce on mutual consent (First Motion) on the records of the Family Court.

8. The amended petition duly signed and supported by respective affidavits of the parties is directed to be filed before the Family Court on 31.05.2023. Parties shall be personally present before the Family Court for recording of their respective statements under Section 13B(1) of the Act on the said date.

9. Parties further pray that in view of the fact that they are living separately since May, 2016 and been in litigation, the statutory period under Section 13B(2) be waived.

10. On an application being filed, seeking waiver of the statutory period of six months, the Family Court shall take into account the fact that the parties have been living separately since 2016 and have been in litigation and resumption of cohabitation has not been possible and grant waiver of the statutory period under Section 13B(2) of the Act in accordance with law.

11. It is noticed that on a direction of this Court, the employer of the respondent was directed to make deductions and deposit certain amount with the Registrar General of this Court. Part of that amount already stands released to the appellant. Remaining amount that is lying deposited with the Registrar General of this Court along with interest accrued thereon, if any, is directed to be released to the Respondent. The Registry shall encash the fixed deposit and release the amount forthwith to the Respondent. Respondent shall thereafter take out the insurance policy in terms of Para 1.6 of the Settlement Agreement before 31.05.2023, the date fixed for recording of the statement on the First Motion before the Family Court.

12. Appeal is disposed of in the above terms.

13. Copy of the order as well as the Settlement Agreement dated 16.05.2023 be provided dasti to the parties under the signatures of the Court Master.