SAROJBALA @ GEETA Vs. ASHOK KUMAR KALYAN

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the "Code") read with Article 227 of the Constitution of India, challenging order dated 15.11.2011 (Annexure P/4) passed by the learned Sessions Judge, Ambala, whereby order dated 20.09.2010 (Annexure P/1) passed by learned Judicial Magistrate First Class, Ambala Cantt. in an application under Section 125 of the Code has been set aside and the application under Section 125 of the Code has been ordered to be dismissed.

(2.) Brief facts of the case are that marriage between the petitioner and respondent was solemnized on 04.11.1996 according to Hindu Rites and Ceremonies. No issue was born from the marriage. Initially, respondent Ashok Kumar Kalyan filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act"). During the pendency of that petition, the parties jointly moved an application under Section 13-B of the Act for grant of decree of divorce by mutual consent. During the course of those proceedings, a compromise was effected between the parties and the statements of the parties were recorded. Statement of the petitioner recorded before the learned Additional District Judge, Ambala reads as under:-

(3.) The petitioner has received Rs. 1.00 lac from the respondent towards full and final claim of maintenance etc. and all the other proceedings had been withdrawn between the parties. Even the maintenance petition filed by the petitioner was also withdrawn. On considering these facts, the learned Sessions Judge set aside order dated 20.09.2010 of the learned Judicial Magistrate First Class. Hence, this instant petition.