BADRI Vs. HARBAI

JUDGEMENT

(1.) THE matter comes up on an application under Section 151 CPC jointly filed by appellant husband and the respondent wife for converting this miscellaneous appeal against the judgment and decree dated 31 -7 -2002 in Divorce Petition No.4/ 1996 passed by the District Judge Tonk into an application under Section 13 -B of the Hindu Marriage Act, 1955 (hereinafter 'the 1955 Act') and grant of a divorce by mutual consent.

(2.) IT has been stated in the application jointly filed that during the pendency of the appeal a compromise has been entered into between the husband and the wife, wherein it has been agreed that a divorce by mutual consent be granted. In terms of the agreement an amount Rs.4,50,000/ -through cheque No.145992 drawn on SBBJ, Tonk has been handed over by the appellant husband to the wife who has received it towards the final payment of permanent alimony. It has also been agreed that all cases of whatever nature in any court of law shall be withdrawn on appropriate application filed therefor by the party concerned (complainant/ plaintiff) on the next date of hearing in the respective cases.

(3.) THE appellant husband and the respondent wife are present in person in the court, their signatures duly identified by their counsel have also been obtained in the court file additionally evidencing their consent to a decree of divorce by consent aside of their joint application duly signed and identified by their advocates for mutual divorce by consent under Section 13 -B of the Act of 1955.