LAWS(DLH)-2006-7-50

AMITA Vs. STATE OF DELHI

Decided On July 05, 2006
AMITA Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) This writ petition was filed on 13.6.2006 during summer vacation for directions to the police to register a case on the basis of a complaint made by the petitioner with Police Station Janak Puri on 5.6.2006 alleging harassment and cruelty to her by her in-laws. It is submitted that after filing of the writ petition, the parties entered into an amicable settlement before the CAW Cell and it was decided to get the marriage dissolved by mutual consent because the parties felt that they cannot live together as husband and wife. The respondent Nos. 4 to 7 agreed to pay Rs. 7.4 lacs to the petitioner in lieu of her dowry and istridhan articles and also on account of her past, present and future maintenance. The marriage between the parties was solemnized on 29.1.2005 and it is alleged that on account of certain temperamental incompatibilities between the parties, the parties could not live together and even their marriage is stated to have not been consummated. The learned Counsel for the petitioner has submitted that Rs. 2.4 lacs have already been paid by respondent Nos. 4 to 7 to the petitioner and Rs. 5 lacs still remains to be paid. As balance compromise amount of Rs. 5 lacs was not paid, the petitioner filed an application being Crl. M. No. 6427/2006 for directions to the CAW Cell to revive the complaint of the petitioner filed before it. Notice of this application has been accepted by Mr. S.K. Gulati, Advocate appearing on behalf of respondent Nos. 4 to 7.

(2.) In the course of hearing of the present writ petition as well as on the af orementioned Crl. M. No. 6427/2006, the learned Counsel for respondent Nos. 4 to 7 says that his clients are ready to pay the balance compromise amount of Rs. 5 lacs to the petitioner within five days at the time of dissolution of marriage of the petitioner with respondent No. 4 by mutual consent. The Counsel on both sides have submitted that they shall move first and second motion petitions together along with the application for waiver of six months period before the District and Sessions Judge, Delhi today itself and shall get it adjourned for recording of statement of the petitioner and respondent No. 4 after five days so that the payment of balance compromise amount of Rs. 5 lacs is made by respondent Nos. 4 to 7 to the petitioner before the concerned Matrimonial Court at the time of accepting first and second motion petitions. The Matrimonial Court to whom the first and second motion petitions may be assigned by the District and Sessions Judge, Delhi shall favourably considered the application for waiver for six months period as the parties cannot live together as husband and wife and it may not be in their interest that they should litigate any further.

(3.) The passport of respondent No. 4 is stated to be with the police and the concerned IO is hereby directed that she should return the passport of respondent No. 4 immediately she gets information that marriage between the parties has been dissolved by mutual consent and payment of balance compromise amount has been made by respondent Nos. 4 to 7 to the petitioner. The Matrimonial Judge shall also ensure that before marriage of the parties is dissolved, the payment of balance compromise amount is made to the petitioner. The respondent Nos. 4 to 7 have returned the passport of the petitioner before the Court today.