YASH MEHRA Vs. ARUNDHATI MEHRA

JUDGEMENT

(1.) Admit.

(2.) At request of learned counsel for the parties, the petition is taken up for final disposal. The parties filed a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The statement of the parties were recorded on 21.04.2003 and orders were passed on the first motion. The parties thereafter filed a petition for second motion after the lapse of six months' period of time. This application was duly supported by affidavits of both the parties. The statement of the parties were recorded and thereafter the judgment was reserved and was fixed for pronouncement of orders.

(3.) The two applications were filed by the respondent / wife under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter to be referred to as, 'the Code') on 15.09.2003 and another one under Order VI Rule 17 of the Code on 22.07.2004 In the applications, it is stated by the respondent / wife that the petitioner / husband had agreed to make payment of Rs.70 lakhs towards permanent alimony and to return Istridhan, but the petitioner had failed to keep a compromise. It is not in dispute that there are no such terms recorded in the settlement. The respondent has stated that she was put under pressure and that is why she had signed the application. The trial court came to the conclusion that in view of withdrawal of the consent by the respondent, the divorce decree could not be passed and allowed the applications on 22.12.2004 The applications for review filed by the petitioner was dismissed on 10.09.2005. Both these orders are impugned by the petitioner in the present proceedings under Article 227 of the Constitution of India.