2019 Supreme(Raj) 2767
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq and Narendra Singh Dhaddha, JJ.
Ravi Singh - Appellant
Versus
Swati Alias Sakshi Kanwar - Respondent
Civil Miscellaneous Appeal No. 3236 of 2018
Decided On : 08-07-2019
Abhi Goyal, Adv., Ravi Singh, Adv., Ritvik Dave, Adv., Swati Alias Sakshi Kanwar, Adv.
Headnote:
Hindu Marriage Act, 1955 - Section 24 - Deed of compromise - Decree of divorce by mutual consent - Permanent alimony - Demand of dowry - Seeking decree of divorce - Appeal has been filed by appellant-husband challenging order filed by respondent-wife for grant of maintenance pendente lite has been allowed and appellant has been directed to pay a sum of per month to respondent-wife as maintenance from date of filing of application till pendency - Held, That in case if wife refrains herself from appearance before Honble High Court or Family Court at any point of time for either grant of Decree of Divorce husband will have right to either stop payment of Demand Draft or to recover said amount and in case Husband refrains from appearing before Family Court or High Court for grant of Decree of Divorce wife shall have a right to forfeit amount so advanced under present compromise - Both parties are present in Court and they have signed order sheet of file and have been identified by their respective - Counsel for parties submitted marriage between parties was solemnised and they are living separately since therefore requisite period of one year was not completed - Appeal allowed
JUDGMENT
1. This appeal has been filed by the appellant-husband Mr. Ravi Singh challenging order dated 29.05.2018 passed by Family Court No. 1, Jaipur (for short 'the Family Court') whereby application under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-wife for grant of maintenance pendente lite has been allowed and the appellant has been directed to pay a sum of Rs. 10,000/- per month to the respondent-wife as maintenance from the date of filing of the application till pendency of petition under Section 13 of the Act.
2. When the matter was listed before this Court on 23.05.2019, it was stated by the parties that they have filed a deed of compromise wherein they have agreed to settle the dispute by obtaining decree of divorce by mutual consent in lieu of permanent alimony of Rs. 7,00,000/- to be paid by the appellanthusband to the respondent-wife. A sum of Rs. 1,00,000/- was paid in cash to the respondent-wife on that day and remaining amount of Rs. 6,00,000/- was to be paid through demand draft before this Court today, i.e. 08.07.2019. Learned counsel for the parties were directed to move an application under Section 13B of the Act for obtaining decree of divorce by mutual consent and the matter was ordered to be listed today.
3. Matter has been listed today before the Court along with Application No. 43152/2019 filed under Section 13B of the Act. Learned counsel for the parties jointly submit that the aforesaid application has been filed seeking decree of divorce by mutual consent. Demand draft of Rs. 6,00,000/- dated 01.07.2019 in favour of the respondent-wife has been produced in terms of order of this Court dated 23.05.2019 and as per the compromise arrived at between the parties, the aforesaid demand has been handed over to the respondent-wife who is present in the Court today itself and copy thereof has been placed on record of the file. Along with aforesaid application, deed of compromise arrived at between the parties has also been annexed. The terms and conditions of compromise as enumerated therein are reproduced hereunder:
"1.That the parties hereto do hereby declare and confirm that the Deed of Compromise under these presents does not amount to any collusion on their part, and they do hereby further and once again declare and confirm that they sincerely enter into and execute this Deed of Compromise only with their full consent and final agreement.
2.That the parties hereto do hereby declare and confirm that they have mutually agreed to opt for such a course of mutual understanding and amicable settlement with a view to saving a lot of time, money and energy and also serving the cause of their family as a whole, for they now better know that it would always be better and in the interests of both the parties to choose for such a course, because they have, though belatedly but rightly, given a thought to their ideas to the effect that fighting(in terms of Litigation) in the courts of law will not serve any purpose, and they also really know that in such family and matrimonial affairs, there is really no winner and there is no loser.
3.That since the Husband and Wife are residing separately for more than past 3 years therefore the parties have mutually decided to seek decree of divorce.
4.That the Husband shall pay a sum of Rs.7,00,000/- (In words Rupees Seven Lakhs) to the wife as one-time full and final payment towards the maintenance, permanent-alimony, the amount shall be paid in the below mentioned manner: Amount Paid at the time of Rs.1,00,000/- (One Lakhs) At the time of execution of the present compromise.
Rs.6,00,000/- (Six Lakhs) On or before July 8th2019. the Husband shall prepare a Demand Draft in name of wife for an amount of Rs.6,00,000/- (In words Six Lakhs) that shall be paid or made available in the manner prescribed in the above mentioned manner. Further in case the Husband fails to make the payment to the wife as per the above mentioned schedule then the payment