Parties may resolve disputes through mutual consent and valid Settlement Agreements to expedite divorce proceedings under the Hindu Marriage Act.

JUDGMENT

Sanjeev Sachdeva, J. (ORAL)

1. The Appellant impugns the Judgment dated 08.02.2022 whereby the petition filed by the Respondent-husband under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 has been allowed and a decree of divorce granted.

2. By order dated 02.06.2022, while issuing notice, this Court had directed that Respondent shall maintain status quo in relation to his marital status.

3. Parties thereafter attempted to resolve their disputes and differences with the intervention of friends and families. Parties have settled all their civil and criminal disputes and entered into a Settlement Agreement dated 12.10.2022, and a Supplementary Agreement dated 29.10.2022. In terms of the settlement, parties have unconditionally undertaken to withdraw all allegations and counter- allegations, both of civil and criminal nature, against each other.

4. Since the decree of divorce has been granted on the allegations of cruelty and desertion which is disputed by the appellant, parties have also decided to resolve their differences and mutually agreed to obtain divorce without raising any aspersion or allegation against each other.

5. Respondent-husband, who is present in Court, undertakes that he unconditionally withdraws all allegations against the wife.

6. Appellant-wife, who is also present in Court, also undertakes that she unconditionally withdraws all allegations against the husband and his family members.

7. Parties have filed an application under Order XXIII Rule 3 CPC. Parties are present in person. They undertake that they have executed the Settlement Agreements dated 12.10.2022 and 29.10.2022 out of their own free will and with a view to put a quietus to their inter se disputes.

8. We have perused the terms of settlement and find the same to be lawful.

9. Parties have also filed a joint application under Order VI Rule 17 CPC seeking amendment of the petition for divorce into a petition under Section 13 (B) for grant of divorce by mutual consent.

10. Parties have also sought waiver of the statutory period of six months required under Section 13(B)(2) of HMA Act in view of the fact that they have been living separately since 09.09.2011 and have been litigating in Court since 2014.

11. Keeping in view the peculiar facts and circumstances of the case, hardship faced by the parties and with a view to put quietus to the protracted and ruinous litigation, we allow the application and take on record the Memorandum of Understanding/Settlement dated 12.10.2022 and 29.10.2022.

12. In view of the settlement, the decree of divorce dated 08.02.2022 is, accordingly, set aside.

13. The parties, who are present in person, undertake that they shall abide by the terms of settlement, and shall appear before the concerned Family Court in support of their request for grant of divorce by mutual consent.

14. The application under Order VI Rule 17 CPC is, accordingly, allowed. Parties are permitted to file a joint petition under Section 13(B)(1) of HMA Act for grant of divorce by mutual consent before the concerned Family Court.

15. Keeping in view the facts and circumstances of the case, we also direct the concerned Family Court to waive of the statutory period of six months after grant of first motion.

16. The parties also undertake to move a petition under Section 13(B)(2) of HMA Act before the Family Court promptly.

17. Parties shall appear before the concerned Family Court on 14th December, 2022. The date has been fixed with the concurrence and consent of the parties.

18. Parties also inform that the Agreements referred to hereinabove have been partly performed at their end and the amount of Rs.4.25 crores which was to be paid by the Respondent has already been paid and received by the Appellant. The domestic violence complaint has already been withdrawn by the Appellant pursuant to the Settlement.

19. The Appellant further undertakes that she shall support the quashing of the FIR