IMPORTANT POINT
Where parties; husband and wife agreed for divorce by mutual consent during pendency of appeal therefore decree of divorce granted under Section 13 of Hindu Marriage Act, 1955 can be converted into decree of divorce under Section 13B of Act, 1955.

Vineet Kothari J—Heard learned counsels.

2. These three appeals are being disposed of by this common order.

3. The parties were summoned in pursuance of the earlier directions of this Court today to put an end to the matrimonial dispute by grant of a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act by payment of permanent alimony by the respondent husband Ajay Pal Singh to respondent wife Smt. Shyam Kanwar.

4. The marriage in question took place on 16.2.1997 and out of the said wedlock, a daughter was born to the couple named Deepu Kanwar, who was said to be aged 6 years when the divorce application was filed by the husband under Section 13 of the Act. The court below of District Judge, Sirohi has granted the said divorce decree under Section 13 of the Act by the impugned judgment and decree dated 6.2.2006 and awarded a monthly maintenance of Rs.1,500 in favour of the appellant wife Smt. Shyam Kanwar and her daughter. This court also made efforts for reconciliation between the parties but due to long lapse of time and also in view of the fact that respondent husband Ajay Pal Singh has since remarried another woman, this Court is of the opinion that the reconciliation between the parties is not possible and practicable and, therefore, in order to put an end to the litigation and dispute, it was agreed by the learned counsels and the parties to convert the decree of divorce under Section 13 of the Act into a decree of divorce by mutual consent under Section 13B of the Act.

5. Respondent husband is said to have owned 35 bighas of agricultural land in village Sindarth Tehsil and District Sirohi. He was also working as bus conductor in M/s Khalsa Travels. The appellant wife is illiterate lady and lives in village Sirana, Tehsil and District Pali and. makes her both ends meet by doing agricultural labour and domestic work. She has also daughter to bring up and also marry her off.

6. In the facts and circumstances of the case, the Court suggested the permanent alimony of Rs.5,00,000 to be paid by respondent husband to appellant wife, which is agreed to by the respondent husband. He, however, prays for sometime to pay the said permanent alimony.

7. Accordingly, these three appeals are disposed of by converting the decree under Section 13 of the Act granted by judgment and decree of court below dated 6.2.2006 into a decree of divorce by mutual consent under Section 13B of the Act subject to payment of Rs.5,00,000 by respondent husband Ajay Pal Singh to respondent wife Smt. Shyam Kanwar within a period of four months from today. This lumpsum amount shall be paid either in installment or in one time payment within the said period of four months, which is to expire on 15th July, 2010. It is made clear that no extension of time shall be granted by this Court or any lower court and the respondent husband undertakes to pay the said amount to the appellant wife before the said date. This permanent alimony of Rs.5,00,000 will also cover the arrears of monthly maintenance, if any, so far.

Appeal disposed of.

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