ISHITA KUNAL SANGANI Vs. KUNAL SUDHIR SANGANI

JUDGEMENT

(1.) Heard rival submissions at length on this Appeal preferred by the present Petitioner-wife challenging the order below Exh. 1 dated 30.7.2014 by which the application Exh. 28 preferred by the present respondent-husband was granted by the Judge, Family Court No.5, Mumbai. At this juncture, it must be mentioned that the said application Exh. 28 was Interim Application No. 71 of 2014 presented by the present respondent-husband before the Family Court in the Petition No. A-685 of 2013. As the issue involved in the present Appeal is validity or otherwise of the order passed granting divorce to the parties, the present Appeal is being disposed of at the admission stage itself.

(2.) Without going into much details as to on what basis the matrimonial dispute arose between the parties, suffice it to say that the present respondent-husband had filed a Marriage Petition bearing No. A- 685 of 2013 for decree of divorce on the ground of cruelty as per Section 13(1)(i-a) of the Hindu Marriage Act, 1955. During the pendency of the said petition, the matter was referred for mediation and was brought before the Judge-Mediator. Apparently, the matter was settled between the parties by drawing a sort of Mediation Settlement Terms on 14.2.2014. Admittedly, the said Mediation Settlement Terms were signed by the husband and wife and their respective parents. The said Settlement Terms were also verified by the Judge-Mediator. The said Settlement Terms are the basis for the present respondent-husband to prefer Interim Application No. 71 of 2014 being Exh. 28 asking for the orders from the Family Court to honour the said Settlement Terms and put to an end to the matrimonial disputes between the parties in terms of the said settlement.

(3.) A detailed order was passed by the Family Court Bandra, Mumbai on the said Interim Application Exh. 28. The said order was passed on 30.7.2014. The date of the said Settlement Terms and the date of the application and the order from the Family Court in view of the said Settlement Terms and date of final order which is impugned, are of much significance. For the sake of ready reference, the said dates can be mentioned, inasmuch as the Mediation Settlement Terms were arrived at on 14.2.2014, Application No. 71 of 2014 Exh. 28 was preferred on 1.3.2014 and the said application was granted dissolving the marriage between the parties on 30.7.2014. If it is considered that the said Settlement Terms arrived at before the Mediator are to be acted upon and to be given effect as if the same is application under Section 13B of the Hindu Marriage Act, still the period of six months had definitely not elapsed when the impugned order was passed on 30.7.2014.