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2012 Supreme(Raj) 1713

RAJASTHAN HIGH COURT
Vineet Kothari, J.
Mukesh Sharma - Appellant
Versus
Smt. Madhuri - Respondent
Civil Misc. Appeal No. 432 of 2006.
Decided On : 15-05-2012

For the Appellant:Mr. M.R. Singhvi, Sr. Advocateand Mr. Manish Parihar, Advocates.
For the Respondent:Mr. Sajjan Singh, Advocate.

Headnote:Hindu Marriage Act, 1955 – S. 13 – respondent – wife withdraw her pending appeal, filed u/s 498A of IPC after making compromise for grant of divorce, mutual settlement for divorce u/s 13 of HMA,1955 end matrimonial dispute and litigation between parties, appeal filed by husband – appellant, divorce made to parties and marriage dissolved.

JUDGMENT

1. - The present appeal has been filed by the appellant-husband under Section 28 of the Hindu Marriage Act, 1955 against the order dated 15.09.2005 passed by learned Additional District & Sessions Judge, No.1, Bikaner rejecting his divorce petition under Section 13 (1), (1-A) and (1-B) of the Hindu Marriage Act, 1955, in Civil Original Case No.63A/2005 (Mukesh Sharma v. Smt. Madhuri) .

2. During the pendency of the present appeal, the parties have arrived at a compromise. A written compromise has been filed in the Court today and same has been duly verified by the Deputy Registrar (Judl.) of this Court. According to the said compromise, the appellant-husband has agreed to pay a sum of Rs. 6,25,000/- as the permanent alimony to the respondent-wife, out of which a Demand Draft No.268392 of Rs. 5,50,000/- drawn on Bank of Baroda, Sadulganj, Bikaner dated 11.05.2012 has been handed over to the respondent-wife and the remaining amount of Rs. 75,000/-, in cash, is undertaken to be paid by the appellant- Mukesh Kumar to respondent- Smt. Madhuri within a period of two days.

3. The respondent-wife in the compromise has agreed for grant of divorce decree in the present appeal on the basis of evidence and material on record and has also agreed to withdraw her appeal, in a matter arising under Section 498A of Indian Penal Code pending in this Court viz. SB Criminal Appeal No.668/2004. Thus both the parties have entered into a mutual settlement to put an end their matrimonial dispute and litigation and have prayed that divorce decree under Section 13 of the Hindu Marriage Act, 1955, be granted to the appellant-husband, allowing the present appeal.

4. The respondent-wife, Smt. Madhuri, has also prayed that the appellant-husband may not hereafter interfere in her peaceful life, for which the appellant-husband assured the same.

5. Accordingly, the present appeal filed by the appellant-husband is allowed in terms of compromise arrived at between the parties, and the divorce decree, accordingly, be made and the marriage between the parties, viz. Mukesh Sharma and Smt. Madhuri, which took place on 04.12.1996, is hereby dissolved. It is, however, made clear that the appellant-husband shall not interfere with the peaceful life of the respondent-wife Smt. Madhuri hereafter; and if anything untoward is caused by him, the respondent-wife shall have liberty to move appropriate misc. application in this regard with reference to the present appeal. No costs.Appeal allowed.

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