NAVEEN BANSAL Vs. SEEMA BANSAL

JUDGEMENT

(1.) The matter emanates from three connected Criminal Misc. Petitions filed in this Court asking for quashing of the complaint lodged by Seem Bansal under Sections 406/498-A and the allied sections of the Indian penal Code and Prohibition of Dowry Act. When the matter came up for hearing on May 4, 1995, the learned counsel for the parties after addressing arguments for a considerable time pleaded that there shall be a consensus between the parties for a compromise and the compromise would be to get divorce by mutual consent under Section 13-B of the Hindu Marriage Act and Rs. 3,00,000/- (Rupees Three Lacs) would be paid to Seema Bansal towards permanent alimony. All these facts were recorded in my order dated 4th May, 1995 while dealing with Crl. Misc. No. 4617-M of 1995.

(2.) Today petition under Section 13-B of the Hindu Marriage Act, 1955 has been filed by Naveen Bansal and Seema Bansal jointly and the same has been ordered to be numbered and registered by the Office. By separate order I have waived off the period of six months in the peculiar factors and circumstances of this case to record the statements of the parties. Statement of the parties have been recorded.

(3.) From the contents of the application filed under Section 13-B of the Hindu Marriage Act and the background of filing of three Criminal Misc. Petitions the Court is of the considered view that there is no collusion between the parties and it is only for the reason that they are living separately that they have filed the petition for divorce under section 13-B of the Hindu Marriage Act. The marriage has irretrievably broken and that being so it would be better to annul the marriage as prayed for in the petition under section 13-B. The marriage between the parties Naveen Bansal and Seema Bansal is, thus, dissolved by decree of divorce under section 13-B of the Hindu Marriage Act. In pursuance of the compromise arrived at between the parties, Seema Bansal has been paid Rs. 3,00,000/- in cash by Naveen Bansal in Court today itself and obviously she shall have no claim whatsoever either of maintenance or any other nature. Parties are left to bear their own costs.