RAJ VINOD Vs. DURGA DEVI

JUDGEMENT

(1.) HEARD Sri S.N. Babulkar, learned counsel for the appellant and Sri R. Dobhal, learned counsel for the respondent. Parties are also present in person.

(2.) ON 11.6.1985, parties Raj Vinod and Smt. Durga Devi were married. However, they could not stay together. Husband Raj Vinod, therefore, filed a petition under Section 13 of the Hindu Marriage Act for divorce. In the same proceedings, wife Smt. Durga Devi by way of counter -claim demanded restitution of conjugal rights. Matters were heard together. The Judge, Family Court, Pauri Garhwal, by the judgment dated 7.2.2001 dismissed the claim of the husband for divorce. However, he allowed the claim for restitution of conjugal rights of the wife Smt. Durga Devi. Hence, the husband Raj Vinod presented the instant first appeal.

(3.) THE parties Raj Vinod and Smt. Durga Devi have verified their joint divorce petition/application filed in this Court. They have agreed to take divorce by mutual consent. HusbandRaj Vinod agreed to pay Rs. 2,25,000 (Rupees two lacs and twenty five thousand only) by way of full and final settlement of the maintenance payable towards wife, which she accepts.