SHASHI Vs. SUNNY BHUMBLA

JUDGEMENT

(1.) THIS matrimonial appeal was filed by Smt. Shashi (wife) against the judgment and decree dated 5.12.2008 whereby the petition filed by the husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for Restitution of Conjugal Rights was allowed and a decree for Restitution of Conjugal Rights was passed. During the pendency of the said appeal the matter was referred to the Lok Adalat where both the parties have agreed to dissolve the marriage by mutual consent on certain terms and conditions. Consequently an application bearing No.19719-CII of 2011, was filed for converting the petition under Section 9 of the Act for Restitution of Conjugal Rights into a petition under Section 13-B of the Act for dissolution of the marriage by mutual consent. Vide order dated 19.07.2011 terms and conditions of divorce by mutual consent was reduced into writing by way of a compromise which was attached as Annexure-A to the application filed under Section 13-B of the Act. The said application was allowed and parties were permitted to convert petition under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights into a petition under Section 13-B of the Act for divorce by mutual consent. Thereafter as per the terms of compromise criminal cases pending against the husband were quashed by this Court vide order dated 9.12.2011. Thereafter before Daily Lok Adalat of this Court, the parties once again made their respective statements and on 19.12.2011 the statement of husband-respondent was recorded which reads as under:-

(2.) THEREAFTER statement of the appellant-wife was recorded which reads as under:- I have heard the statement of Sh.Sunny Bhumbla. The same is correct and I accept the same. Let the amount of Rs. 1,25,000/- given by Sh.Sunny Bhumbla be kept with my counsel Sh. Harsh Aggarwal, Advocate and be given to me on the grant of decre of divorce by mutual consent by the Hon'ble High Court.

(3.) REGULATION 17(7) of the Rules known as National Legal Services Authority (Lok Adalats) REGULATION, 2009 provides as under: