PAYAL JINDAL Vs. A K JINDAL

JUDGEMENT

(1.) The petitioner Mrs Payal Jindal is present in person. On behalf of the respondent his father, Lt. Colonel S. L. Jindal (Rtd. ) , is also present in the court. The respondent who is an army officer has not been able to come because of his posting. This is an unfortunate case with chequered history. On an earlier occasion also this court tried to settle the matter between the parties but with no result. After hearing the learned counsel for the parties and also the parties in person and going through the merits of the case, we are of the view that the marriage between the parties has irretrievably broken down and there is no chance of their living together. In this view of the matter it is in the interest of justice that the parties be permitted to have their own ways in life. The parties have mutually agreed for divorce. It is no doubt correct that ordinarily we should have relegated the parties to the matrimonial court for filing a consent divorce petition. But keeping in view the facts and circumstances of this case and in order to do complete justice between the parties we grant decree fordivorce by the consent of the parties with immediate effect. In lieu of permanent alimony the respondent has agreed to pay Rs. 2 lakhs to the petitioner in full and final settlement of all the claims of the petitioner. Out of this amount Rs. 1 lakh shall be paid on or before 31/12/1992. A further sum of Rs. 50,000. 00 shall be paid on or before 30/06/1993 and the remaining Rs. 50,000. 00 on or before 31/12/1993. The sum of Rs. 800. 00 per month which the petitioner is receiving in lieu of maintenance from the army authority shall continue only up to 31/12/1992. It shall not be paid to her thereafter.

(2.) The divorce proceedings pending before the Family court, Bandra at bombay have thus become infructuous and as such are disposed of.

(3.) The above order is a composite order and will depend on the payment of the money as directed by us. In the event of any default in the payment of money, this order shall automatically stand revoked and the divorce proceedings pending in the Family court, Bandra at Bombay shall revive and in that eventuality those proceedings shall stand transferred to the file of the District judge, Delhi. He may hear the case himself or entrust the same to any other additional District Judge. The proceedings for maintenance under Section 125 pending before the Delhi court shall come to an end with effect from 10/01/1993.