MANISH VERMA Vs. POOJA VERMA

JUDGEMENT

(1.) Heard.The instant appeal is against the order dtd. 15/2/2022 passed by Learned Family Court, Bemetra wherein an application under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights was dismissed. The application under Sec. 9 for restitution of Conjugal rights was preferred by the husband and the present appeal is also by the husband.

(2.) During the course of hearing before this Court, parties were sent for mediation to explore the chances of settlement, if any. The mediation took place and the parties who are present in person namely Manish Verma and Smt. Pooja Verma both submit that they have decided to part their ways and agreement styled as "Samjhauta Patra " is also been placed which bears the signature of both the parties and their advocates. Application has also been filed under Sec. 13 (B) of Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent. The perusal of the agreement entered in between the parties would show that they have decided to mutually part ways and submit that no further claims would be made in respect of the matrimonial ties and obligations. The agreement further purports that Rs.5,00,000.00 has already been handed over to the wife (respondent) by the husband (appellant). The wife Smt. Pooja Verma present before this Court affirms the fact that she has received the amount of Rs.5,00,000.00 and will take back CRI MJC No. 78/ 2022 and MJC No. 2/2020. The agreement further purports that the gift items received during the marriage have also been returned by the husband to the wife which are shown at Para 4 of the agreement. The wife who is present before this court admits to have received the goods.

(3.) Briefly stated facts of the case are that marriage was solemnized on 4/5/2017. Subsequently, they cannot go along and eventually started living separately since 2/1/2020 and all the efforts for reconciliation has failed. Husband filed an application for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act which was dismissed and the appeal was filed before this Court. The mediation report shows that efforts of reunion between the parties have failed and after the mediation they have decided to stay apart and also one time permanent alimony of Rs.5,00,000.00 has also been paid. During the course of submission both the parties mutually submit that cooling off period of 6 months may also be waived off and application I.A. No. 01 has also been preferred for waiving off the 6 months period.