SARITA SONI Vs. MANISH SONI

JUDGEMENT

(1.) This is an application filed by both parties seeking a decree of divorce on mutual consent. The application is supported by affidavits of both parties and a deed of settlement dated 30.11.2010 executed between the parties. The appellant is identified by Shri Jitesh Shrivastava, Counsel appearing for appellant and the respondent is identified by Shri Pranay Gupta, Counsel appearing for respondent.

(2.) We have enquired from appellant Sarita who stated that it is not possible for her to live with the respondent. She has also raised certain allegations against respondent. However, she admitted that as per compromise-deed dated 30.11.2010, she has received an amount of Rs.3,15,000/- which she has deposited in the bank. It is submitted that this amount has been received by her by way of maintenance and is not to be returned to the other side. We have also enquired into from respondent Manish Soni, who has stated that there is settlement between him and the appellant and as per the settlement, both parties have decided to seek a decree of divorce on mutual consent. It is also submitted by respondent that there is no possibility of reconciliation between parties because on the basis of a report lodged by the appellant, his family members and respondent himself suffered incarceration and now it is not possible to reconcile the matter. From the perusal of the record, pleadings and the compromise petition, we find that there is no possibility of settlement between the parties. In these circumstances, no fruitful purpose will be served if we postpone hearing of this case for a period of six months awaiting statutory period of Section 13B of the Hindu Marriage Act, 1955. We have also found that compromise petition has been filed by both parties by their own free will. They have also filed affidavits alongwith the application and it appears that on 30.11.2010, a settlement had arrived between the parties in respect of dissolution of marriage and a deed was executed between the parties and thereafter cases under Section 125 Cr.P.C. and Section 498-A of IPC were settled. In these circumstances, we record the compromise between the parties and grant a decree of divorce between the parties in following terms:-