DHAN SINGH Vs. GEETA

JUDGEMENT

(1.) As per the facts, which have been brought on record, the marriage between the revisionist and the respondent was solemnized on 3rd October 2014, and out of the said wedlock, no children was born till the initiation of the proceedings under Section 9 of the Hindu Marriage Act, 1955, which was registered as Matrimonial Case No. 121 of 2017, Dhan Singh v. Smt. Geeta, which was instituted by the present revisionist before the Court of District and Sessions Judge, Almora.

(2.) In the proceedings under Section 9 of the Hindu Marriage Act, which was registered, as such it is claimed that the parties to the proceedings had entered into a settlement which was arrived at between the parties before the learned Judge Family Court and as a consequence to it, the proceedings under Section 9 was ultimately decided before the Lok Adalat on 22nd December 2017.

(3.) In the proceedings under Section 9 of the Hindu Marriage Act, which stood settled before the Lok Adalat on 22nd February 2017, the respondent herein had sought a monetary benefit and consequently in the Civil Case No. 121 of 2019, Dhan Singh v. Smt. Geeta, as decided under Section 9 of the Hindu Marriage Act, the claim of the respondent for monetary benefit was rejected by an order dated 10th February 2018 and consequently, it was held out that since in pursuance to the settlement which has been arrived at between the parties, and since they have already instituted a proceedings under Section 13B of the Hindu Marriage Act, based on the settlement, and since they already exchanged all the Stri dhan which has been handed over to the respondent, hence the learned Family Court, Almora passed an order on 10th February 2018, thereby declining the claim based on the fact that as in the proceedings Section 9 of the Hindu Marriage Act which has been decided by the Lok Adalat on 22nd February 2017, on the basis of the settlement arrived at between the parties before the Lok Adalat on 22nd February 2017, and the proceedings under Section 13B of the Hindu Marriage Act by way of a Civil Matrimonial Case No. 35 of 2018, Dhan Singh v. Smt. Geeta, it has already been adjudicated by an order / judgement dated 11th May 2018, hence as per the findings recorded therein, it has been observed that all the amount payable to the respondent herein has been remitted by the revisionist-husband and no amount apart from the amount which has been mentioned in the settlement is due to be paid to respondent by the revisionist.