ATUL KUMAR Vs. SEEMA RANI

JUDGEMENT

(1.) The appellant was married to respondent - Seema Rani on March 05,1994 according to Hindu rites. There had been no issue out of the wedlock. The appellant filed a petition under Section 13 of the Hindu Marriage Act before a Matrimonial Court at Kurukshetra on March 20,1995 for dissolution of marriage by a decree of divorce on various grounds. That petition was dismissed by the Matrimonial Court on 7.9 1996. The appellant filed the present appeal. During the pendency of the appeal, the parties agreed that they may be granted a decree of divorce by mutual consent. C.M. Application No. 4298-CII/97 was moved to convert the proceedings from under Section 13 of the Hindu Marriage to that of under Section 13-B of the Act. Vide separate order of even date that application has been allowed and a joint petition under Section 13-B of the Act has been taken on record for grant of decree of divorce by mutual consent, which is duly supported by an affidavit.

(2.) Statements of the parties have been recorded. It has been stated in the petition under Section 13-B of the Act as also in the statements of the parties, recorded today, that from day one of the marriage, there had been bickerings in the matrimonial home and it was found that the parties were temperamentally incompatible to each other and after sometime a stage came where they could not pull on together any more. They have been living separately much prior to the filing of the application under Section 13 and have not lived together there after nor they have cohabited.

(3.) It has further been stated by the appellant-husband that he has agreed to pay Rs. 62,000/- to respondent-Seema Rani towards permanent alimony and maintenance and she would have no further claim against him towards maintenance or any other claim or any court. It has also been stated in the application that the compulsory waiting period of six months under Section 13-B(2) of the Act may be reckoned from the date of filing of the petition under Section 13 of the Act. It was further stated that from the date of the filing of the petition under Section 13 of the Act the parties had not reconciled nor they ever lived together. It was further stated that the respondent Seema Rani would withdraw the application filed against him under Section 125 of the Code of Criminal Procedure at Karnal. Rs. 57,000/- was paid in cash to the respondent-Seema Rani by the appellant and Rs. 5,000/- already stand deposited by the appellant in this Court before filing the appeal, which the appellant stated that the said amount may be withdrawn by the Respondent-Seema Rani.