RINKU Vs. ANKUR

JUDGEMENT

(1.) FAO No.2389 of 2017 was preferred by petitioner No.1 ' Smt. Rinku challenging the judgment and decree dtd. 7/3/2017 passed by the District Judge, Family Court, Bhiwani, whereby petition under Sec. 13 of the Hindu Marriage Act, 1955, preferred by petitioner No.2 ' Ankur son of Ved Parkash was allowed and the marriage between the petitioners was dissolved.

(2.) During the pendency of the above appeal, an application i.e. CM-2874-CII-2021 was filed for converting and treating the appeal as a petition under Sec. 13-B of the Hindu Marriage Act, 1955. This application was preferred in the light of the fact that the matter had been amicably resolved and settled between the parties. It has been asserted that both the parties have agreed that petitioner No.2 ' Ankur (husband) would pay an amount of Rs.31,00,000.00 (rupees thirty one lacs only) as permanent alimony for settlement of all matters once and for all. The compromise deed was placed on record as Exhibit-A on 13/1/2021. Prayer had also been made in para 3 of the said settlement that the matter be treated as a petition under Sec. 13-B of the Hindu Marriage Act, 1955, on the basis of the mutual consent. It was also mentioned in the said settlement that both the parties will withdraw all kind of cases or get the same quashed which have been earlier filed by either of the parties against the opposite party or their family members in appropriate forum/Court on the basis of this compromise and there will be no litigation pending against each other. Both the parties will not claim any type of maintenance or any right in the property(s) of each other or in-laws in future and there will be no interference in the life of each other.

(3.) The above mentioned application came up for hearing before this Court on 10/3/2021, where this Court accepted the prayer made by the parties and the appeal was converted and treated as a petition under Sec. 13-B of the Hindu Marriage Act, 1955.