JANESH KUMAR Vs. NISHA

JUDGEMENT

(1.) PRAYER in this petition is for grant of divorce by mutual consent. Parties were married as per Hindu rites on 08.12.2004 but on account of matrimonial differences, initiated various civil and criminal proceedings against one another. Janesh Kumar, filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act"), for grant of a decree of restitution of conjugal rights, which was dismissed on 12.8.2010. Aggrieved by this order, Janesh Kumar filed an appeal. During pendency of the appeal, the appellant and the respondent appeared before the Mediation and Conciliation Centre, of this Court and executed a settlement/agreement deciding to part ways on terms and conditions, which read as follows: -

(2.) JANESH Kumar and Nisha are present in court, accompanied by their respective counsel and state that despite expiry of six months, they have not been able to reconcile their differences and therefore, pray that their marriage may be dissolved by grant of a decree of divorce in terms of the settlement arrived at before the Mediation and Conciliation Centre, of this Court. Janesh Kumar has handed over, to the respondent, a total amount of Rs. 16 lacs by way of five demand drafts bearing nos. 828311 dated 31.7.2013, 828315 dated 29.7.2013, 828316 dated 29.7.2013, 022655 dated 30.7.2013 and 022656 dated 30.7.2013, amounting to Rs. 03 lacs, 04 lacs, 04 lacs, 03 lacs and 02 lacs, respectively,