GADADHAR SAHOO Vs. GITANJALI DAS

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as "the Act") has been filed by the appellant/husband -Gadadhar Sahoo against the impugned order dated 16.07.2011 passed in C.P. No. 203 of 2010, Gadadhar Sahoo versus Gitanjali Das, by learned Judge, Family Court, Bhubaneswar, by which learned Judge, Family Court, has dismissed appellant/husband's application for divorce against respondent wife under Section 13(1) of the Hindu Marriage Act, 1955. During pendency of this appeal, both the parties settled their disputes outside the court by mutual understanding and accorded a compromise and as a follow up action filed two Misc. Applications being Misc. Case No. 123 of 2014 and Misc. Case No. 124 of 2014, verifying the contents of both the applications on their personal affidavits. By a joint reading of both the applications, it is evident that both the spouses, husband and wife, have pleaded that they have stuck a compromise and have reached an amicable settlement and therefore they jointly prayed that their nuptial knot be dissolved by a judgment of divorce by mutual consent as envisaged under Section 13 -B of the Hindu Marriage Act. To fall back on the exact pleadings averments made in paragraphs land 4 of Misc. Case No. 123 of 2014, which are relevant for the present purpose, are reproduced herein below: -

(2.) THE prayer made in the aforesaid application was to pass appropriate orders for amicable settlement and to allow the joint petition under section 13 -B of the Hindu Marriage Act and also to drop the maintenance proceedings under Section 125 Cr.P.C. initiated by the wife Smt. Gitanjali Das, being Cr.P. No. 84 of 2010 pending on the file of the Judge, Family Court, Bhubaneswar. As already mentioned both the appellant/husband -Gadadhar Das and the respondent/wife -Smt. Gitanjali Das have given their respective affidavits swearing the contents of this application to be based on their personal knowledge.

(3.) SO also Misc. Case No. 124 of 2014 has been filed by both the spouses sweared on their affidavits, wherein they have mentioned as under: -