IN THE HIGH COURT OF RAJASTHAN BENCH AT JAIPUR
Mohammad Rafiq, Narendra Singh Dhaddha, JJ.
Siddarth Motwani - Appellants
Vs.
Aastha Wadhwa - Respondent
D.B. Civil Misc. Appeal No. 2084 of 2019
Decided On : 10-05-2019
Hindu Marriage Act, 1955 – Section 13B – Appeal filed by appellant, assailing order passed on application filed by parties seeking decree of divorce by mutual consent, by Family Court Family Court by aforesaid order has deferred proceedings for six months to enable parties to rethink over matter –Held, Respondent-wife has already received sum of Rs. 12,00,000/- by way of two demand drafts, each of Rs. 6,00,000/- and she is agreeable to obtain decree of divorce by mutual consent on receipt of remaining amount of Rs. 13,00,000/- as full and final payment towards the maintenance, permanent alimony, court laid down that cooling off period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to Court to exercise its discretion in facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation, appellant-husband and the respondent-wife is therefore dissolved by mutual consent with immediate effect. Decree of divorce be prepared accordingly – Appeal is allowed. (Para 7, 8, 9)
Facts of the case:
Appeal filed by appellant, assailing order passed on application filed by parties seeking decree of divorce by mutual consent, by Family Court Family Court by aforesaid order has deferred proceedings for six months to enable parties to rethink over matter.
Findings of the court:
Respondent-wife has already received sum of Rs. 12,00,000/- by way of two demand drafts, each of Rs. 6,00,000/- and she is agreeable to obtain decree of divorce by mutual consent on receipt of remaining amount of Rs. 13,00,000/- as full and final payment towards the maintenance, permanent alimony, court laid down that cooling off period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to Court to exercise its discretion in facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation, appellant-husband and the respondent-wife is therefore dissolved by mutual consent with immediate effect. Decree of divorce be prepared accordingly.
Result: Appeal is allowed
JUDGMENT :
1. This appeal has been filed by the appellant, Siddarth Motwani assailing order dt. 30.04.2019 passed on the application filed by the parties under Sec. 13B of the Hindu Marriage Act, 1955 (for short 'the Act') seeking decree of divorce by mutual consent, by the Family Court No. 1, Jaipur (for short 'the Family Court'). The Family Court by the aforesaid order has deferred the proceedings for six months to enable the parties to rethink over the matter.
2. Mr. J.P. Goyal, learned Senior Counsel appearing on behalf of the appellant-husband submitted that the marriage of the appellant and the respondent was solemnised on 17.07.2013. The appellant is residing in USA and the respondent-wife is currently residing in Delhi. Both are living separately for, 2½ years and their marriage has reached at the stage of irretrievable break down. There is no possibility of settlement between the parties. The appellant and the respondent both have now decided to dissolve their marriage amicably by obtaining a decree of divorce by mutual consent The parties filed a joint application before the Family Court along with the deed of compromise, according to which the appellant-husband has agreed to pay a sum of Rs. 25,00,000/- to respondent-wife as one time full and final payment towards the maintenance, permanent alimony in the manner indicated in the aforesaid deed of compromise, Learned Senior Counsel, cited judgments of the Supreme Court in Amardeep Singh vs. Harbeen Kaur, Civil Appeal No. 11158 of 2017 decide on 12.09.2017; Veena vs. State of Govt. of NCT, Delhi & Anr., (2011) 14 SCC 614 and Devinder Singh Narula vs. Meenakshi Nangia, (2012) 8 SCC 580 and argued that six months period as envisaged in the Act is only directory and not mandatory, therefore, the same can be dispensed with in fit cases. It is submitted that the appellant has already handed over two demand drafts, each of Rs. 6,00,000/- to the respondent-wife on 16.04.2019 and 30.04.2019 respectively and third demand draft of Rs. 13,00,000/- was deposited with the Family Court.
3. Learned counsel for the respondent-wife does not dispute the aforesaid position and submitted that the respondent is desirous of obtaining decree of divorce on the conditions enumerated in the deed of compromise.
4. The parties with the application under Sec. 13B of the Act filed deed of compromise, which is reproduced hereunder:
THIS DEED OF COMPROMISE is made at Jaipur on 5th day of April, 2019.
By and BETWEEN
Shri Siddharth Motwani son of Sh. Chanderbhan Motwani, age 36 years, resident of 578, G-Block, Makarwalli Road, Ajmer, Rajasthan at present residing at Arapaho Rd. Dallas - Texas -USA through his Power of Attorney Holder Sh. Chanderbhan Motwani, son of Shri P.J. Motwani aged about 73 years, resident of 578, G- Block, Makarwalli Road, Ajmer, Rajasthan, hereinafter called the HUSBAND (which expression shall, unless repugnant to. the context, mean and include his heirs, executors, administrators and assigns) of the One Part
AND
Smt. Aastha Wadhwa Wife of Shri Siddhartha Motwani, daughter of Late Shri Subhash Chand Wadhwa, age 32 years, resident of Rukmani Garden, Shiv Marg, Banipark, Jaipur at present resident of hereinafter called the WIFE, (which expression shall, unless repugnant to the context, mean and include her heirs, executors, administrators and assigns) of the Other Part.
WHEREAS the parties hereto are husband and wife, their marriage having been solemnised at Jaipur on July 17, 2013 as per the Hindu religion, vedic rites and ceremonies;
AND WHEREAS out of their wedlock, the parties hereto do not have any son of daughter;
AND WHERE AS during so many years in the past, the parties hereto have realised that their liking, tastes of life, temperaments, ideas, ideologies, thinking, aptitudes, attitudes, intellectual capacities, feelings, moods, nature and general approach to
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