RAHUL SONI Vs. NEERU SONI

JUDGEMENT

(1.) APPELLANT husband has challenged the order dated 08.10.21012, passed by Additional District and Sessions Judge, Karnal, whereby, petition under Section 13 -B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act') for grant of divorce by way of mutual consent, was dismissed.

(2.) BRIEF facts of the case are that appellant and his wife Smt. Neeru Soni had filed a joint petition under Section 13 -B(1) of the Act for passing decree of divorce on the ground of mutual consent. During the proceedings, the parties arrived at settlement. Joint statement of the parties at the stage of first motion was recorded by the Court on 01.03.2012 and the case was posted for 03.09.2012. At that stage, respondent wife changed her mind and had not come forward for making statement so as to pass decree of divorce on the ground of mutual consent. Accordingly, the trial Judge dismissed the petition under Section 13 -B of the Act vide order dated 08.10.2012.

(3.) MR . Kunal Dawar, Advocate learned counsel for the appellant took the plea that the Trial Judge has not considered the matter in its right prospective because the joint petition for the grant of decree of divorce was filed as both the parties had consented for the same. Payment of Rs. 4,25,000/ - was to be made in two instalments and out of that payment of Rs. 2,00,000/ - was received by the respondent -wife at the first motion stage. Thereafter, respondent backed out. Although the matter was settled between the parties with the intervention of Mediation Center as well. Appellant had put in appearance in the Court along with two bank drafts i.e. one of Rs. 2,25,000/ - and another bank draft of Rs. 1,25,000/ -. Respondent wife returned the amount of Rs. 2,00,000/ - already accepted by her. Main contention of appellant counsel is that if the parties back out after making statement before the Court at the first stage and after settlement with intervention of Mediation Center, the very sanctity and purpose of amicable settlement through the process of mediation would stand totally eroded. On this point reliance was placed upon judgment from Hon'ble Delhi High Court in case Naveen Kumar Vs. Khilya Devi and another, 2011 183 DLT 381 wherein such a view was taken by the Hon'ble Delhi High Court.