SANGEETA Vs. SURESH KUMAR

JUDGEMENT

(1.) Parties who were married on 4th February, 1995 and had their first girl child born on 26th November, 1995 appear to have developed some misunderstandings on account of interference by their respective parents in their matrimonial life and that resulted in strained relations developing between them. The strained relations led to the filing of a divorce petition by the respondent-husband being H. M. A. No. 1093/98 in the Court of District Judge, Delhi. The petitioner-wife filed a petition for maintenance under Section 18 of the Hindu Adoption and Maintenance Act in the Court of learned Civil Judge (Senior Division) at Baroda along with an application for interim maintenance. The petitioner-wife also filed a criminal complaint against the respondent-husband and his family members for offences under Sections 498a, 406 and 114 of the Indian Penal Code in the Court of Judicial Magistrate First Class (Municipal) Court, Baroda in December, 1998.

(2.) After notice was issued in this petition filed by the petitioner-wife for transfer of H. M. A. No. 1093/98 and counter was filed, we took note of paragraph 5 of the counter affidavit wherein it is stated that the respondent-husband was willing to withdraw the divorce petition, in case the petitioner-wife was ready and willing to settle with him and restore marital life. We saw a ray of hope in bringing reconciliation between the parties and suggested to them to try and settle the disputes and bury their differences and start afresh their matrimonial life keeping in view the welfare and interest of their child. We are happy at the outcome of our efforts. Parties made a genuine attempt to live together and resume their matrimonial life. We adjourned the matter for some time to enable the parties to live together.

(3.) Parties are present before us today along with their learned Counsel.