RAJENDRA SINGH BHATI Vs. NAND KANWAR

JUDGEMENT

(1.) RAJENDRA Singh Bhati, the appellant in D. B. Civil Miscellaneous Appeal No. 1606/2002 and respondent in D. B. Civil Miscellaneous Appeal Nos. 167/2003 and 1112/1997 (hereinafter shall be referred to as `the husband'), filed a matrimonial case No. 92/2000 in the Family Court No. 2, Jaipur against Smt. Nand Kanwar, the respondent in D. B. Civil Miscellaneous Appeal No. 1606/2002 and the appellant in D. B. Civil Miscellaneous Appeal Nos. 167/2003 and 1112/1997 (hereinafter shall be referred to as `the wife' ). In the matrimonial case the wife filed an application under Section 24 of the Hindu Marriage Act, 1955 (for short, `the Act, 1955'), on 6. 10. 2001; the learned Family Court No. 2, Jaipur, ordered against the husband to pay to the wife the interim maintenance at the rate of Rs. 800/- per month. The learned Family Court No. 2, Jaipur, dismissed the Matrimonial Case No. 92/2000, vide its judgment and decree, dated 13. 8. 2002. The husband challenged that judgment and decree of the learned Family Court No. 2, Jaipur, in D. B. Civil Miscellaneous Appeal No. 1606/2002.

(2.) THE wife filed D. B. Civil Miscellaneous Appeal No. 167/2003 against the order, dated 13. 8. 2002, of the learned Family Court No. 2, Jaipur, in Case No. 92/2000, for enhancement of the amount of interim maintenance.

(3.) THE learned counsel for the wife admitted that she has received the draft referred to in para No. 3 of the said compromise application and the total amount of the draft is Rs. 2,00,000/- (Rupees two lac.) This amount is of permanent alimony towards the full and final settlement thereof. THE parties are living separately for the last more than two years; they are litigating for the last many years and in our opinion there is an irretrievable break down of their marriage. To live peacefully they decided to get their marriage dissolved by a decree of divorce by mutual consent.