SATINDER KUMAR Vs. GARGI DEVI

JUDGEMENT

(1.) WITHOUT going into the details, suffice it to say that marriage between the parties was solemnised on May 9, 1974 according to Hindu rites and ceremonies. Thereafter, they lived together as husband and wife till October 1, 1978. Out of this wed-lock, a son was born on February 15, 1975. In the year 1978, some temperamental differences arose between the parties and since then, they are living apart.

(2.) IT was in the year 1992 that the husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"), for seeking a decree of divorce. Ultimately, that petition was dismissed vide judgment dated October 28, 1997. Feeling aggrieved with the said judgment, the husband came up in appeal before this Court. It was on the last date i.e. February 24, 2006 that the parties arrived at a compromise and ultimately, agreed to file a joint petition under Section 13-B of the Act.

(3.) TAKING into consideration the entire facts and circumstances of this case, the same is allowed. The parties have also filed a joint petition under Section 13-B of the Act, wherein it has been stated that they are living separately from each other since October 1, 1978 and could not reconcile due to their temperamental differences. Further, it has also been agreed upon that a Demand Draft bearing No. 046293 dated February 18, 2006 of Dena Bank of Rs. 1,25,000/- (Rs. One lac and twenty five thousands only) has also been prepared and handed over to the wife-petitioner No. 2. Smt. Gargi Devi in full and final settlement of her permanent alimony and hence-forth, she would not raise any demand from the husband-petitioner No. 1 Satinder Kaur.