YASH MEHRA Vs. ARUNDHATI MEHRA

JUDGEMENT

(1.) BRIEFLY the facts of the case are that marriage between the parties was solemnized on 12th July, 2001. After marriage, they lived together as a husband and wife for a short period. Since 3rd July, 2002 they are living separately. On 18th September, 2002, parties filed a joint petition being HMA No.604/2002 under section 13(B)(1) of Hindu Marriage Act, 1955 before the learned District Judge, Delhi which was assigned to the court of Shri S.C.Mittal, learned ADJ, Delhi for disposal. A joint statement of parties on oath was recorded on 20th September, 2002 and the petition was disposed of vide order dated 20th September, 2002 with advise to the parties to make efforts for reconciliation and in case they are unable to do so, they may file second petition under section 13B(2) of HMA within the statutory period. Thereafter, parties filed second joint petition before the learned ADJ under section 13(B)(2) of HMA on 21st March, 2003. Their joint statement on oath was recorded on 21st March, 2003 and the case was fixed for pronouncement of judgment on 13th May, 2003. Before the judgment could be pronounced, respondent/wife on 7.5.2003 moved an application under section 25 read with section 27 of the HMA claiming permanent alimony from petitioner @ Rs.1 lakh per month and for return of istridhan articles. On 13th May, 2003, respondent/wife moved another application under section 24 of HMA claiming interim maintence @ Rs.1 lakh per month from petitioner/husband. During the pendency of these applications, respondent/wife moved another application under Order XXIII Rule 1 read with section 151 CPC on 15th September, 2003 seeking permission to withdraw all her statements/averments and affidavits made by her in the first and second joint motion Petitions under section 13(B) of HMA i.e. in petition seeking divorce by way of mutual consent. In the said application, respondent/wife had made allegations that petitioner/husband was to pay her Rs.70 lakhs towards permanent alimony and had to return istridhan articles after recording of statement in second motion Petition. However, it was alleged that husband had backed out from the understanding between the parties. Respondent/wife also made allegations against one Dr.Raj Kumar, a relative of petitioner of having given threats to her. Petitioner/husband had filed reply to the said application and denied the allegations made by her. It was alleged that he had already paid Rs.3.50 lakhs in full and final settlement of all her claims and nothing was due from him.

(2.) LEARNED ADJ relying on the judgment of Smt.Shrestha Devi Vs. Om Parkash reported in AIR 1992 SC 1904, allowed the respondent/wife to withdraw her consent vide impugned order dated 22.12.2004. As regards, her applications under Sections 24, 25 and 27 of HMA are concerned, same were permitted to be withdrawn by her with permission to file afresh as and when facts and circumstances of the case necessitated. Review application was also filed which was rejected vide order dated 10.9.2005.

(3.) RESPONDENT /wife challenged order dated 28.8.2006 passed by this court by filing a Special Leave Petition. The leave was granted. The Supreme Court vide order dated 20th August, 2007 set aside the order passed by this court with a direction to dispose of the petition on merits after giving opportunity of hearing to the parties.