NIKET NAGAR Vs. KUSUM NAGAR

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 13-B of the Hindu Marriage Act, 1955 (for short the 1955 Act) is for dissolution of marriage by grant of a decree of divorce with mutual consent.

(2.) The petitioners were married on 18.4.2004. On account of matrimonial differences, Niket Nagar filed a petition under Sec. 13 of the 1955 Act for grant of a decree of divorce. Kusum filed a petition under Sec. 9 of the 1955 Act, for restitution of conjugal rights. Vide order dated 17.5.2010, the learned District Judge, Faridabad accepted the petition for restitution of conjugal rights and dismissed the petition for grant of divorce. During pendency of this appeal, parties have resolved their matrimonial differences and, in furtherance thereof, have filed CM No.5014-CII of 2012 for converting the petition for grant of divorce to a petition for grant of divorce under Sec. 13B of the 1955 Act, by mutual consent. The application was allowed on 2.3.2012. The terms and conditions of settlement are as follows:

(3.) The appellant has brought a demand draft of Rs.span 4,50,000.00 which has been handed over to Kusum Nagar, who is present in Court, along with her father V.N. Pandey. We have recorded the separate statements of Niket Nagar and Kusum Nagar, which read as follows: