P. SUNDER RAJ Vs. P. SARIKA RAJ

JUDGEMENT

(1.) The appeal has been filed by the appellant P. Sunder Raj, husband of the respondent P. Sarika Raj, against the judgment and decree dated 07.06.2012 passed by the learned District Judge, Family Court, Gurgaon whereby the petition of the respondent-wife seeking cancellation of the judgment and decree dated 05.01.2009 passed by the learned Family Court, Hyderabad in OP No.1083 of 2008 has been allowed.

(2.) The marriage between the parties was solemnized at Gurgaon on 30.10.2002. The marriage was an outcome of an affair that the parties had. From the marriage the parties had a son namely Vishwajit Raj, who was born on 21.08.2006 and a daughter namely Lakshita Raj, who was born on 22.11.2007. After marriage, the parties stayed at Hyderabad. On account of matrimonial dispute between them, the respondent-wife filed OP No.1083 of 2008 on 05.01.2009 in the Court of the learned Judge, Family Court at Hyderabad seeking dissolution of the marriage between the parties on the grounds of cruelty. It was alleged that the dispute between the parties arose mainly from the rites, customs and habits that were followed. The appellant-husband and his parents, it was alleged, were treating the respondent-wife in a cruel manner for not following their customs. Therefore, it was prayed that a decree of divorce may be granted.

(3.) In the petition filed before the Family Court at Hyderabad, a memorandum of compromise stated to have been reached at on 04.01.2009 was filed. It was submitted that the said OP had been filed by the respondent-wife seeking a decree for dissolution of marriage between the parties. The relatives and elders of both the parties advised them to settle the matter amicably. As such both the parties decided to terminate the marital relationship between them. There was no chance of reconciliation between them; besides, there were serious differences between them which could not be compromised as both were not interested in marital life. Therefore, both of them realized that it was no longer possible for them to live together as husband and wife. In the said circumstances, the parties decided to move for consent divorce to avoid further legal proceedings. It was agreed that the custody of the two children shall be given to the appellant-husband. The respondent-wife was entitled to visitation rights at a convenient time and that the appellant would have no objection for the same. The respondent-wife it was recorded was doing a job and she had the capacity to maintain herself. Therefore, she was not claiming any permanent alimony or monthly maintenance from the appellant or from the property or annual earnings or financial sources. The respondent-wife decided to leave her two children with the appellant-husband who was the natural guardian and decided not to claim her children in future. There was no collusion between the parties in filing the joint memo in the OP for consent decree for divorce. It was submitted that the above terms and conditions were accepted before elders and relatives of both the parties. Therefore, there was no collusion between them in entering into the memorandum of compromise, which was filed in the Court of the learned Judge, Family Court, Hyderabad.