NITIN SRIVASTAVA Vs. PRIYANKA KUMARI

JUDGEMENT

(1.) Heard Sri Kapil Kumar, learned counsel for the petitioner and Sri Bhavishya Sharma, learned counsel for respondent.

(2.) The petitioner has preferred the present petition under Article 227 of the Constitution of India inter alia with the following prayer:-

(3.) Facts in brief as contained in the petition are that marriage of the petitioner was solemnized with respondent No.1 namely Priyanka Kumari on 23/11/2018 according to Hindu customs and rituals without any dowry. Due to wedlock between the petitioner and the respondent No.1, a female child namely Yashika Srivastava was born on 6/9/2019 who is in custody of petitioner. It is stated in the petition that after some time of marriage, respondent No.1 Priyanka Kumari wanted to live separately from the family member of her husband, when the petitioner refused to live separately, she went her parental home. It is stated in the plaint that the petitioner and respondent are living separately since 27/11/2019 and despite several efforts of mediation, they are agreed that they would not live as husband and wife. The petitioner and the respondent No.1 reached on the conclusion to dissolve their marriage through mutual agreement on 4/12/2020. In this regard, a joint plaint was filed by the petitioner as well as the respondent No.1 in the Court of Principle Judge, Family Court on 4/12/2020. It is stated in the plaint that the first party will call off its litigation which were instituted against the petitioner and the husband will pay one time alimony, i.e., Rupees Five lacs in the shape of Bank Draft.