JATIN DUGGAL ALIAS JITENDRA DUGGAL Vs. SONIA DUGGAL

JUDGEMENT

(1.) Respondent has filed a petition under Section 11 of the Hindu Marriage Act, 1955, for declaring the marriage between appellant no.1 and respondent as null and void. On the basis of it, proceedings of Original Suit No. 130 of 2012 Smt. Sonia vs. Jitendra Duggal and another were instituted in the Court of Family Judge, Dehradun (for short "the suit"?). In the suit, it appears that an application 72A1 was filed by the appellant no.1 with the averments, therein, that the respondent be directed to file an affidavit to the effect that on the date of dishonour of cheque she had fulfilled the condition of compromise and also she should be directed to handover the policies/documents to the appellant no.1. It was also requested in the application that the appellant no.1 be permitted to deposit a cheque of Rs.2,00,000/- in favour of the respondent. Another application 78C2 was also filed by the appellant no.1 for permission to take on record some cheques and letters and also requested that the suit be dismissed, accordingly.

(2.) In the suit, on 19.01.2018, issues have been framed. The appellants preferred this appeal seeking directions that the court below may be directed to decide applications 72A1 and 78C2.

(3.) Learned counsel for the appellants would urge that in fact, earlier appellant no.1 and respondent were married, but, their marriage was dissolved by way of consent decree dated 23.05.2011 but, the respondent did not perform the part of her obligation under compromise, though, appellant no.1 was ready and willing to do so. Appellant no.1, in fact, had given an amount of Rs.2,00,000/- to the respondent, but, the respondent did not return the policies under compromise. Appellant no.1 had no other option, but, to stop the payment of cheque of Rs.2,00,000/-, which was issued in favour of respondent. Therefore, it is argued that by way of application 72A1 what the appellants have desired is that appellant no.1 be permitted to deposit a sum of Rs.2,00,000/- in the court and by way of application 78C2, it was requested that the certain documents be taken on record and the suit be dismissed. Learned counsel would urge that before framing the issues, it was obligatory on the part of court below to decide the said applications. But, it was not done therefore, directions be issued in this regard.