YASHI JAIN Vs. PARAG JAIN

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 27/06/2016 passed in Civil Suit No. 200-A/2016. On earlier date learned senior counsel for the appellant and counsel for the respondent informed the court that there is a possibility of compromise between the parties. On the date of hearing learned senior counsel for the appellant informed the court that the appellant is agree for divorce subject to condition that respondent shall pay a total amount of Rs. 50,00,000/-. Learned counsel for the respondent has submitted that the respondent is willing to pay an amount of Rs. 30,00,000/-. Learned senior counsel for the appellant further agreed for an amount of Rs. 45,00,000/-. Thereafter, both the counsel agreed for hearing the matter on merits. It appears from the statements made by the counsel of both the parties in the proceedings that parties are agree for divorce with mutual consent, however, there is dispute in regard to payment of amount of final maintenance.

(2.) Respondent filed a suit for divorce under Section 13 of the Hindu Marriage Act. He pleaded that the marriage of respondent with appellant was solemnized on 20/02/2011. Appellant was living with the respondent at his residence. From the date of marriage attitude of the appellant was not proper. Within fifteen days of marriage the family members of the respondent did not feel happy with the attitude of the appellant.

(3.) After four months of pregnancy, the appellant left the house of the respondent. She had gone at the residence of her parents and she did not return back. The appellant was not happy with physical relationship, she always shows her reluctance towards physical relationship. Mental condition of the appellant was not proper, she had taken treatment. Father and mother of the appellant did not inform the respondent and his family members about ailment of the appellant. Before marriage the family members informed that appellant is B.Sc., however, after marriage it came to knowledge that the appellant passed only B.Sc. Ist year. Mother of the respondent was died in an accident and his father injured seriously, he was on bed for a period of two months. The behaviour of the appellant was improper. She abused all the family members. Appellant left the house on 28/08/2012 and since then she was living with her parents. Respondent had taken separate rented house with the hope that appellant will live with him, inspite of that, she did not come back.