RAVINDER KUMAR Vs. REKHA RANI

JUDGEMENT

(1.) The appellant challenges judgment dated 10.09.2014 passed by the District Judge (Family Court), Ambala whereby the petition filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 (for short 'the Act') has been dismissed for want of the respondent's consent, at the stage of second motion.

(2.) Counsel for the appellant submits that he does not press the prayer for raising an inference of consent based upon averments in the petition filed under Section 13-B of the Act and statements recorded on first motion but prays that as the respondent has admittedly received Rs. 6 lakhs as a condition to the parties agreeing to dissolve their marriage by mutual consent, the respondent may be directed to restitute the amount. In support of his argument, counsel for the appellant relies upon a Division Bench of this Court in Sukhdeep Kaur versus Ravinder Pal Singh, 2014 3 CivCC 807.

(3.) Counsel for the respondent, on the other hand, submits that as the petition under Section 13-B of the Act was dismissed for want of consent, the appeal is not maintainable and in case the appellant has any grievance regarding the amount received, he may seek his remedy in accordance with law. Counsel for the respondent further submits that there may be certain claims available to the respondent that may be ordered to be adjusted in case the respondent is required to restitute this amount.