NITI ARORA Vs. ROHIT VIJ

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned District Judge, Panchkula. However, no appeal is competent against the impugned order. Therefore, with the consent of the parties it is treated to be a revision under Article 227 of the Constitution of Indian, office to register it as such.

(2.) BY way of joint petition petitioners are aggrieved of an order dated 6.6.2008 passed by the learned District Judge, Panchkula vide which application moved by the petitioners for waiving of statutory period of 6 months in a petition for mutual divorce under Section 13-B of the Hindu Marriage Act (for short the Act) has been dismissed.

(3.) PETITIONER No. 1 got registered FIR No. 101 dated 20.7.2007 at Police Station Sector 20, Panchkula under Sections 406, 498-A, 506/120-B IPC against petitioner No. 2 and his family members. Petitioner No. 2, on the other hand, filed a petition under Section 13 of the Act on 13.6.2007. Better sense prevailed between the parties and it was decided that a petition under Section 13-B of the Act for mutual divorce be filed in the court of learned District Judge, Panchkula on 5.6.2008. On the said date the parties made the following statement :- "We were married on 12.12.2006, according to Hindu Rites and ceremonies in Agra. No issue was born out of this wedlock. We have not been able to live together as husband and wife because of temperamental differences. We have been residing separately since 13.3.2007. Our marriage has irretrievably broken down. We have decided to seek divorce by way of mutual consent. We have resolved all the disputes regarding dowry articles and permanent alimony outside the court. Rs. 30 lacs were received by petitioner No. 1 Niti Arora from petitioner No. 2 Rohit Vij on 23.8.2007 towards the dowry articles and the expenses incurred by the parents of the petitioner No 1 in Connection with the marriage We have also agreed to withdraw all the civil and criminal cases, which have been filed by us against each other. Petitioner No. 1 Niti Arora shall extend all possible assistance and co-operate with petitioner No. 2 Rohit Vij in getting quashed FIR No. 101 dated 20.7.2007 police station Sector 20, Panchkula, Which was registered under Sections 406, 498-A, 506, 120-B IPC against the petitioner No. 2 and his other family members on the complaint of petitioner No. 1 petitioner Nithi Arora. Petitioner No. 1 Niti Arora shall not claim anything towards past, present and future maintenance from petitioners No. 2 Rohit Vij. Our marriage may be dissolved by a decree of divorce by mutual consent under Section 13-B of Hindu Marriage Act."