ANAMIKA SRIVASTAVA Vs. ANOOP SRIVASTAVA

JUDGEMENT

(1.) This first appeal under Section 19 of the Family Courts Act, 1984 has been filed challenging the orders dated 02.02.2022 and 07.03.2022 passed by the Family Court (Principal Judge, Family Court, Barabanki) rejecting the prayer made by the Appellant and the Respondent to waive the minimum period of six months stipulated under Section 13-B(2) of the Hindu Marriage Act, 1955 (for short 'the Act') for a motion for passing a decree of divorce on the basis of mutual consent.

(2.) Anamika Srivastava, the Appellant, was married to Anoop Srivastava, the Respondent, according to Hindu rites and rituals at Barabanki on 17.06.2010. Soon after the marriage, differences arose between them to such an extent that the Appellant left her matrimonial home on 24.09.2010 and since then she has been living with her parents. On 01.05.2013, the Appellant moved an application under Section 125 CrPC against the Respondent before the Family Court. The said case was registered as Criminal Misc. Case No. 258 of 2013 (Anamika Srivastava vs. Anoop Srivastava). On 03.10.2018, the Family Court allowed the application moved by the Appellant and directed the Respondent to pay a sum of Rs. 5000/- (Rupees five thousand only) per month to the Appellant towards maintenance with effect from the date of judgment. The judgment and order dated 03.10.2018 was assailed by the Respondent before this Court in Criminal Revision No.10 of 2019.

(3.) This Court vide its order dated 08.09.2021, passed in the said criminal revision, referred the matter to the Mediation and Conciliation Centre of this Court to explore the possibility of an amicable settlement between the parties. The mediation was successful. The Appellant and the Respondent agreed to dissolve their marriage. It was agreed that the Respondent shall pay a sum of Rs. 4,25,000/- (Rupees four lacs twenty five thousand only) to the Appellant towards full and final settlement of all disputes and the litigation between them whether civil or criminal will terminate. In terms of the settlement arrived at between the parties, the Respondent paid a sum of Rs. 3,00,000 (Rupees three lacs only) to the Appellant and on 13.01.2022 the parties jointly filed an application under section 13-B of the Act before the Family Court for dissolution of their marriage. The said case was registered as Regular Suit No.56 of 2022, Smt. Anamika Srivastava v. Anoop Srivastava. A copy of the settlement agreement dated 30.03.2022 signed by the Appellant, the Respondent, their counsel and the mediator has been brought on record as annexure no. SA-2 to the supplementary affidavit dated 12.04.2022.