GYANESHWAR GOSAI Vs. USHA GOSAI

JUDGEMENT

(1.) PHOTOGRAPHS of the two spouses i.e. the appellant-Gyaneshwar Gosai and the respondent-Smt. Usha Gosai have been affixed in the order-sheet today in Court. Shri B.P.Gupta, learned counsel for the appellant and Shri B.P.Sharma, learned counsel for the respondent have identified the appellant & respondent respectively. This appeal is directed against the judgment and decree dated 26-03-2002 passed by the 1st Additional District Judge, Rajnandgaon (C.G.) in Civil Suit No. 48-A/2001 whereby the petition filed under Section-13 of Hindu Marriage Act, 1955 by the appellant was dismissed. It is not disputed that the marriage between the two spouses was solemnized in November-1992. It is also not disputed that the two spouses are living separately from each other since 22-07-1993. Both the spouses had, by filling an application i.e. I.A.No.404/2007 prayed for a dissolution of marriage on the ground that there has been an irretrievable breakdown of marriage since they are living separately for the last 14 years and there was no likelihood of living together. It is further mentioned in the application that the appellant herein shall pay a sum of Rs. 20,000/- as Stridhan and Rs. 50,000/- towards the final payment for the maintenance to the respondent in lieu of which the right of the respondent to claim maintenance, would get extinguished. The details of Demand Drafts are as under :- ...[VERNACULAR TEXT OMMITED]...

(2.) THE abovementioned drafts for a total sum of Rs. 70,000/- were delivered in Court by the appellant to the respondent Smt. Usha Gosai. On being asked by me, both the parties stated that the compromise is willful. The respondent-Smt. Usha Gosai also admitted that having received an amount of Rs. 70,000/- from the appellant Gyaneshwar Gosai, she has relinquished her right to claim maintenance. As appears from the impugned judgment, both the spouses are living separately from each other since 22-07-1993 i.e. almost for a period of over 14 years and it appears that there has been a irretrievable breakdown of marriage between the parties. Having satisfied that the compromise arrived at between the parties is voluntary and the amount of Rs. 70,000/- as agreed between the parties has been paid in court by the appellant-Gyaneshwar Gosai through Demand Draft mentioned above, the application I.A.No. 404/2007 deserves to be allowed.