R.U.RINKI RENU Vs. PRADEEP KUMAR

JUDGEMENT

(1.) Heard Mrs. R.U. Rinki Renu, the plaintiff-appellant in person, and Shri B.N. Singh, Advocate for Shri Pradeep Kumar-the respondent-husband, who is also present in chambers.

(2.) This First Appeal under Section 19 of the Family Court's Act, 1984, arises out of an order dated 25.2.2013 passed by the Additional Family Judge/Additional District Judge, Room No.14, Allahabad in Review Petition No.13 of 2012 filed in Matrimonial Suit No.383 of 2011 to review his final order dated 5.3.2012. The Family Judge rejected the review petition to review his order dated 5.3.2012, by which he had accepted the application of divorce by mutual consent filed by both the parties, and had decreed the suit for divorce under Section 13-B of the Hindu Marriage Act, 1955.

(3.) Brief facts giving rise to this appeal are that a divorce suit No.401 of 2008 under Section 13 of the Hindu Marriage Act was filed by the respondent-husband. A compromise application was filed by the parties in the suit on 19.11.2010, in which both the parties agreed not to initiate any legal procedings against each other and to drop all the civil and criminal cases pending against them. The settlement recorded that the parties were married on 28.11.2004. Since thereafter differences have arisen between the parties on which several suits and proceedings have been filed by the parties against each other. The parties have agreed to get the suit for divorce decreed on the terms that the first party-the husband will deposit Rs. 9 Lacs, in lieu of Stridhan, Jewellery, gifts and maintenance; Rs. 1 lac has been paid in cash to the respondent-wife. After filing of compromise the second party (respondent-wife) will vacate the house; both the parties will get all the cases pending against each other decided in terms of the settlement, and will not take any proceedings against each other. On the deposit of money and the credit thereof in her account their relations as husband and wife will come to an end. The marriage will be disolved after which both the parties will be free to marry according to their wishes. In terms of the settlement dated 19.11.2010 a demand draft No.838219 dated 18.11.2010 of Rs. 9 lacs drawn in favour of the appellant-wife drawn on State Bank of Patiala, Lucknow was deposited by the respondent-husband in the Court of Principal Judge, Family Court, Allahabad. The amount was to be paid to the appellant-wife on the compliance of the terms and conditions in the settlement, which included decision and withdrawal of all the civil and criminal cases and vacating the house. The compromise recorded that she has been paid Rs.1 lac in cash. The plaintiff-husband deposited Rs. 9 lacs in Court on 18.11.2010. The suit was disposed off on the same day on 19.11.2010, in terms of compromise. The cases were not decided nor withdrawn, nor she vacated the house, alleging that a fraud was played on her in signing on the settlement. She was not paid Rs. 1 lac in cash. She did not want to withdraw Rs. 9 lacs from the Court.