RAJNI Vs. RAJESH SAWHNEY

JUDGEMENT

(1.) This matrimonial dispute was fixed before this Bench on several dates of hearing and the talks for compromise were going on. Both the parties were adamant for separate living. They could not reconcile with each other and finally they decided to part company. The question then arose as to how much permanent alimony should be granted to the wife and the child. After discussion on several dates of hearing it was decided that a sum of Rs. 60,000/- would be paid by the respondent-husband to the appellant-wife and that the child would also remain with the appellant. On the last date of hearing, a draft in the sum of Rs. 20,000/- was given to the appellant-wife and another sum of Rs. 40,000/- by way of bank draft has been given today in Court. The parties attended the Court with their counsel and they agreed for a divorce on the basis of mutual consent. Not only that, they have filed a petition under Section 13-B of the Hindu Marriage Act. On questioning by us they told us that they want divorce. Petition under Section 13-B of the Hindu Marriage Act has been marked by us as C-I. It is stated in the petition that the child would remain with the appellant-wife. In view of the consent of the parties, the marriage between the parties would stand dissolved. The condition of the pendency of the petition for a period of six months is hereby ordered to be waived in view of the peculiar facts and circumstances of the case.