RAKESH GUPTA Vs. PREETI GUPTA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the respondent wife under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage, was allowed. During the pendency of the appeal, the same was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent.

(2.) Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 24.5.2006 at Ambala. Out of the wedlock no child was born. Due to temperamental differences, the parties could not pull on together. They are living separately since February 2007. Petition filed by the wife for dissolution of marriage under Section 13 of the Act, was allowed by the learned Additional District Judge, Ambala, on 30.10.2008. Thereafter, the appellant husband filed appeal before this court.

(3.) During the pendency of the appeal before this court, the matter was compromised on 22.3.2010. As per the compromise, both the parties will withdraw all the cases filed by them against each other and their respective family members. It was also settled that they will file joint petition for dissolution of marriage by way of mutual consent. The wife has received all dowry articles. It was also decided that husband will pay a sum of ` 7,00,000/- to the respondent wife on account of permanent alimony. Out of that amount, she has received a sum of ` 5,00,000/- and the remaining amount will be paid at the time of final statement. Today both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties filed petition for dissolution of marriage by way of mutual consent. They have made joint statement before this court today, which is extracted as under:-