SUBHASH CHAND Vs. SUSHILA

JUDGEMENT

(1.) THE marriage between the parties was solemnised on February 21, 1985 according to Hindu rites and ceremony at Old Nangal, Delhi Cantt. After the solemnisation of this marriage, the parties lived together and cohabited as husband and wife. A son namely Ansu was born on October 21, 1986 out of this wedlock.

(2.) THE appellant filed a petition under Section 13 of the Hindu Marriage Act, seeking divorce on the ground of cruelty having been committed upon him as alleged in the petition. Written statement was filed by the respondent controverting all the allegations and in return levelled various allegations against the appellant. Upon the pleadings of the parties, issues were framed and the petition was tried.

(3.) THIS appeal was listed for re -conciliation before the Lok Adalat and various efforts were made for re -conciliating the marriage. However, all these efforts have remained un -successful. The parties have finally decided to dissolve this marriage themselves. As a sequel thereto, both the parties appeared in this court today and made respective statements in this regard. They have categorically stated that it is not compatible to live together and it is in the interest of both, that they may part company. In this regard, husband has paid permanent alimony of Rs. 2,50,000/ - by way of demand drafts/pay orders (details of which have been noticed in the statement of the appellant) inclusive of claims and rights of the child. It has also been agreed between the respective parties that the custody of the child (son), born out of this wedlock, shall remain with the wife. The appellant shall have no claim in respect of the rights of the child or any right pertaining to him as well. On the other hand, the respondent has stated that she will not stake any claim in respect of dowry articles and that any other litigation which was pending has attained the finality and that no appeal etc. has been filed against the said orders. She has stated that the appeal be allowed and the decree of divorce be granted by way of annulling the marriage solemnised between the two. This statement made by the wife has also been accepted by the appellant and both the parties have withdrawn all such allegations, which have been made against each other in the petition or in the written statement.