RAJESH KUMAR SHARMA Vs. PREETI SHARMA

JUDGEMENT

(1.) This writ petition has been filed by petitioner-Rajesh Kumar Sharma with the prayer that Family Court, Alwar be directed to pass a decree of divorce on the basis of a mutual consent of the parties within three months or alternatively, this Court may pass a decree of dissolution of marriage on the basis of mutual consent between the parties.

(2.) Petitioner and respondent No.1, husband & wife respectively, contacted marriage as per Hindu customs and rites on 18-11-2000 at Bawal, District Rewari (Haryana). They lived together for about seven years but then differences started between them. Thereafter, they started living separately. They filed criminal cases as also the civil cases against each other in the courts at Behror, Alwar and Haryana regarding domestic violence, division of property, divorce and other matrimonial cases pertaining to offence u/Ss.498A and 406, IPC. Eventually, however, being persuaded by the family members and friends, both of them agreed to obtain decree of divorce with mutual consent on the terms and conditions acceptable by both the parties. A written document was prepared for such agreement. Father of the petitioner and brother of respondent No.1 were also witnesses to such mutual agreement. It was agreed that petitioner husband shall pay to the respondent wife a sum of Rs.20,00,000/- as one time alimony in two installments of Rs.10,00,000/- each. In lieu thereof, respondent wife shall withdraw all the cases in various courts and sought divorce on mutual consent. Petitioner in compliance of the aforesaid agreement, handed over a demand draft of Rs.10,00,000/- to the respondent wife on 27-08-2013 as first installment. Another demand draft of Rs.10,00,000/- in lieu of second installment was also prepared on 12-11-2013 to be given to the respondent wife after passing of the decree of mutual divorce. Copy of the agreement dated 27/08/2013 has been placed on record.

(3.) Petitioner filed an application before the Additional District and Sessions Judge, Behror on 19-11-2013 that petitioner-husband and respondent No.1-wife wanted to live separately and have settled their dispute out of the court and therefore petitioner was seeking permission to withdraw the divorce petition filed under Section 13B of the Hindu Marriage Act with liberty to move an application under Section 13 of the Hindu Marriage Act seeking decree of divorce by mutual consent. They have also stated in the application that their marriage had suffered a irretrievable breakdown and they have agreed for mutual decree of divorce and that there is no possibility of their living together and therefore decree of mutual divorce may be passed by waiving the waiting period of six months as envisaged by Section 13B(2) of the Hindu Marriage Act. The said application was allowed. It was thereafter that respondent-wife filed an application u/S.13B of the Act before the Family Court, Alwar on 27-11-2013 by appearing in person with request that decree of divorce may be passed on the basis of mutual consent. The Family Court, Alwar directed that the matter be listed on 7-7-2014 after waiting period of six months expired. Aggrieved thereby, petitioner has approached this Court.