ASHOK KUMAR NAGPAL Vs. SUMAN ALIAS LEELA

JUDGEMENT

(1.) Appellant has filed this appeal against judgment and decree dated 9.1.2006, vide which his application under Section 13 of the Hindu Marriage Act, 1955 (in short the Act), was dismissed. After notice of motion, respondent put in appearance and thereafter, the matter was adjourned, when counsel for the parties stated that there is likelihood of settlement of dispute. The appellant filed an application under Section 151 with a prayer that his application for divorce be treated as an application under Section 13-B of the Act, in view of compromise dated 17.7.2006. Copy of the compromise has been placed on record as Annexure P/1. One receipt of payment of Rs.75,000/-, to the respondent, paid towards full and final settlement of all disputes between the parties. In that agreement, it has also been stated that the respondentwife shall withdraw the criminal proceedings, which are pending before the Court of Chief Judicial Magistrate, Kurukshetra. In view of the application, FAO No.51-M of 2005 - 2 - referred to above, notice was issued and both the parties were directed to come present in Court on the next date of hearing. On 7.9.2006, respondent appeared and she made a statement that she is ready to return the amount received by her. On that date, following order was passed, by this Court:-

(2.) It is apparent from the records that the marriage between the parties was solemnized on 11.10.1999. No child was born out of the wedlock. Appellant-husband filed an application for divorce in the year 2004, by stating that he and his parents are being treated with cruelty by the respondent-wife. It was further averred that the respondent had got registered a false criminal case against him and his parents. It was also mentioned that the respondent is living separately w.e.f. June, 2001. It was FAO No.51-M of 2005 - 4 - further stated that in a criminal case, which is pending at Thanesar, the respondent-wife had made a specific statement that she is not ready to live with the appellant. To prove his case, the appellant has produced as many as four witnesses. The Trial Court, by taking too technical view of the entire matter, has discarded that evidence. It has come on record that the criminal cases are pending between the parties and in those proceedings when an offer was made by the appellant to rehabilitate the respondent, she flatly refused to accept the said offer. Before this Court also she made a statement that she is ready to give consent for the divorce. She accepted the amount and thereafter, she resiled and is not returning the amount, accepted by her to give consent for divorce. Many opportunities were given to her to repay that amount, but she has failed to comply with the undertakings given by her/ her counsel before this Court. Otherwise also, perusal of the judgment reveals that it was a case where divorce should have been granted to the appellant-husband as it appears that the marriage has irretrievably broken down between the parties.

(3.) In view of factions mentioned above, this appeal is allowed, judgment and decree passed by the Court below are set aside and the marriage between the parties is ordered to be dissolved by a decree of divorce. Decree Sheet be prepared accordingly. ( Jasbir Singh ) Judge November 10, 2006 ( Pritam Pal ) gk Judge