POOJA MITTAL Vs. VINAY MITTAL

JUDGEMENT

(1.) Appellant wife has invoked the jurisdiction of this Court under Section 28 of the Hindu Marriage Act, for short 'the Act', aggrieved by order dated November 25, 2016 passed by District Judge, Yamuna Nagar, directing the appellant wife to refund a sum of Rs. 12 lacs to the respondent/ husband on account of the appellant wife having opted to avoid her appearance at the stage of second motion in proceedings under Section 13-B of the Act.

(2.) Brief facts relevant for the decision of the present appeal are that the appellant and the respondent had filed a petition under Section 13 B of the Act on July 16, 2015 for divorce by mutual consent. The respondentFor husband had agreed to pay a sum of Rs. 42 lacs to the appellant towards expenses of marriage, dowry articles besides future and past maintenance. He had paid a sum of Rs. 12 lacs at the time of statement of the first motion and remaining amount of Rs. 30 lacs was to be paid at the time of second motion. On January 19, 2016 when the matter was fixed for recording the statement at second motion, the appellant wife made a statement that she did not want to get divorce and wanted to reside with the respondent. This was followed by the statement made by the respondent that since she had withdrawn her consent, the respondent also withdraws the petition reserving his right to take back the amount of Rs. 12 lacs which has been paid by him towards part payment of the settled amount. The petition under Section 13 B of the Act was dismissed, followed by an application under Section 144 CPC filed by the respondent for directing the appellant to return the sum of Rs. 12 lacs which had been received by her in proceedings under Section 13 B of the Act along with interest.

(3.) The District Judge in the exercise of powers under Section 144 of CPC ordered by way of restitution the refund the sum of Rs. 12 lacs with an objective to place the parties in a position which they would have occupied but for the order of disposal of the proceedings under Section 13 B of the Act.