BHARTI KAPOOR Vs. DES RAJ

JUDGEMENT

(1.) Instant petition under S. 24 read with S. 151 Civil Procedure Code has been filed on behalf of the petitioner, Smt. Bharti Kapoor for transfer of HMA Case No. 03 of 2017 titled Des Raj vs. Bharti Kapoor, pending adjudication before the learned Civil Judge (Senior Division), Chamba, Himachal Pradesh to the court of learned Civil Judge, Bilaspur, Himachal Pradesh.

(2.) Precisely, the facts of the case as emerge from the record are that marriage of petitioner and respondent was solemnized on 28.4.2015 as per Hindu rites and customs. Parties cohabited together as husband and wife cordially for some, but ultimately disputes cropped up between them resulting into institution of cross-cases by both the sides. Petitioner Bharti Kapoor filed Case No. 16 of 2016 under Report No. 282/3 of 2016 in the court of Judicial Magistrate 1st Class, Bilaspur and respondent filed a petition under S. 9 of Hindu Marriage Act, for restitution of conjugal rights, for the transfer of which, present petition came to be filed by the petitioner-Bharti Kapoor.

(3.) On 23.8.2017, learned counsel representing the respondent stated that dispute can be amicably resolved if parties are persuaded to do so and as such, matter was posted for 6.9.2017, on which two months' time was given to the parties to explore possibility their residing together. Matter came to be listed on various dates, but the efforts put by both the sides as also this court, to resolve the disputes between the parties, failed to bear any fruits and as such, on 17.4.2018, it was informed that the parties have decided to part their ways and to get the marriage dissolved by a decree of divorce by entering into a compromise on the same date i.e. 17.4.2018. As per compromise, petitioner Bharti Kapoor has conceded to get the marriage dissolved in lieu of one time alimony of Rs. 21.00 Lakh, payable in two installments i.e. Rs. 10.50 Lakh on or before 30.5.2018 and rest on or before 31.10.2018.