ASHISH KUMAR Vs. YOGITA

JUDGEMENT

(1.) (Oral) - Present appeal has been filed by the appellant under Sec. 19 of the Family Courts Act seeking a direction to set aside the Order dated 11.2.2013 passed by Judge, Family Court, in HMA No.41/13, by which the petition for grant of divorce by mutual consent was dismissed on the ground that the respondent had withdrawn her consent for divorce.

(2.) As per the petition, marriage between the parties was solemnised on 1.12.2008 as per Hindu rites. Out of their wedlock one child was born. On account of temperamental dispute, the parties started living separately from Nov. 2010. Thereafter, the parties had decided to dissolve their marriage by filing a petition for divorce by mutual consent. The petition for First Motion was decided by the Family Courts on 11.6.2012. At the time of First Motion it was mutually agreed by the parties that appellant shall pay Rs.5.50 lakh's to the respondent in full and final settlement. Out of Rs.5.50 lakh's, Rs.1.35 lakh's + Rs.50,000.00, respectively, were paid by way of two Demand Drafts in Court on the date of passing of order for the First Motion i.e. 11.6.2012. The second instalment, in the sum of Rs.1.80 lakh's, was to be paid by the appellant to the respondent, by way of Fixed Deposit Receipts in the name of their child, under the guardianship of respondent. It was also agreed that appellant would pay Rs.50,000.00 to the respondent at the time of making a statement at the Second Motion. The balance payment of Rs.1.35 lakh's was to be made at the time of quashing of FIR No.49/2012 lodged under Sections 498A/406 Penal Code at Police Station Rajouri Garden. All the dowry articles/stridhan were also returned by the appellant to the respondent at the time of First Motion. Thereafter the petition for grant of divorce (Second Motion) was filed in the year 2013. The petition was signed by the respondent but on 11.2.2013 she made a statement in Court that she did not want divorce by mutual consent and withdrew her consent. Against the said order dated 11.2.2013 the present appeal has been filed by the appellant.

(3.) Respondent is present in Court along with her brother, Mr. Lalit Malhotra. Respondent is duly identified by her counsel. In support of her identity, she has also handed over photocopy of her AADHAR Card. Mr. Lalit Malhotra has also handed over photocopy of his AADHAR Card.