SURENDER SOLANKI Vs. ROOPA @ SONI

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 24/1/2018 passed by the Principal District Judge Family Court, Gurugram dismissing the application under Sec. 151 CPC for refund of amount of Rs.6.00 lakhs.

(2.) Marriage was solemnized between the petitioner and respondent on 9/3/2014 at Delhi. The marriage could not make any headway on account of differences. As a result of that petition under Sec. 13-B of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act') was filed for decree of divorce by mutual consent on 27/7/2015, wherein joint statement of the parties was recorded at the first motion stage. An amount of Rs.6.00 lakhs was paid to the respondent as per the settlement (according to the petitioner). The case was adjourned for 29/1/2016 for second motion. On the date of second motion, respondent did not appear and the case was adjourned for 16/2/2016. Even on the adjourned date, respondent did not appear and the petition was dismissed due to non-appearance of the respondent.

(3.) Thereafter petitioner filed regular petition under Sec. 13 of the Act for decree of divorce on the ground of cruelty. In this petition, petitioner moved an application under Sec. 151 CPC for seeking direction to the respondent to return the amount of Rs.6.00 lakhs which was received at the stage of first motion in the petition under Sec. 13-B of Act.