HASMUKHBHAI MAGANBHAI LATHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned counsel for the respondents waive service. The petitioner and respondent No. 2 are husband and wife and the present revision has arisen from the order dated 17. 03. 2008 of learned Judicial Magistrate, First Class, Bhavnagar whereby monthly maintenance allowance of Rs. 7,000/- has been awarded to respondent No. 2 under the provisions of section 125 of Cr. P. C. After prolonged negotiations and several adjournments, the parties have agreed and come to the conclusion that their marriage has irretrievably broken down since their separation since January 2006 and the parties have found that it is advisable and in the interest of both the parties to dissolve the marriage by obtaining a decree of divorce as early as practicable by mutual consent. It was, therefore, agreed between the parties and stated, on instructions, on their behalf by learned counsel Mr. Vaidya and Ms. Shah that the present revision application may be partly allowed with the direction that the petitioner shall pay and continue to pay to respondent No. 2, till her remarriage, an amount of Rs. 6,000/- per month, by way of maintenance, and the amount due so far on that basis shall be paid within a period of two months. On the other hand, respondent No. 2 shall fully co-operate and sign all the necessary documents, pleadings or other papers required for obtaining a decree of divorce by mutual consent. All the expenses, however, of such proceeding shall be borne by the petitioner. And all other proceedings between the parties shall be withdrawn or shall not be pressed for any further relief or orders. It was further agreed that, now onwards, the agreed amount of monthly allowance of Rs. 6,000/- shall be directly deducted from the salary of the petitioner and paid to respondent No. 2 directly so as to obviate any execution or delay in payment to respondent No. 2. The parties have also agreed that streedhan, if any, belonging to respondent No. 2 lying with the petitioner shall be returned to her by the petitioner and respondent No. 2 shall agree to renounce and waive her right, if any, in the movable or immovable properties purchased by the petitioner in the name of or with the name of respondent No. 2.

(2.) THE above terms of agreement and invited order are recorded in presence of learned counsel for the parties and the petitioner who is personally present in the court. Accordingly, at the request of learned counsel, the parties are directed to abide by the above terms which are incorporated in this order and Rule is made absolute accordingly with no order as to costs.