NIKHIL @ APPU Vs. NEHA @ MONIKA

JUDGEMENT

(1.) This appeal has been filed by the appellant husband against the order of the learned Family Court No.1, Jaipur passed on 9.1.2019 in which an application was filed by the appellant to convert the petition of divorce u/s 13 of the Hindu Marriage Act (for short "HMA") into mutual consent divorce petition u/s 13B of the HMA.

(2.) By this appeal, the appellant also seeks permission to withdraw the following petitions; (i) Petition No.670/2017 filed u/s 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 for maintenance pending before the learned Chief Judicial Magistrate, Dausa, (ii) Petition No.54/2018 filed u/s 24 of the HMA pending before the learned Family Court, Jaipur, (iii) Petition No.1/2019 filed u/s 125 Cr.P.C. for maintenance pending before the learned Family Court, Dausa and (iv) Petition No.2/2019 pending before the leaned Family Court, Dausa for interim maintenance.

(3.) Brief facts giving rise to this appeal are that marriage of appellant and respondent was solemnized on 13.7.2016 as per Hindu rites and customs. After three days of the marriage, the respondent wife started torturing the appellant husband both physically and mentally. She also threatened to involve the appellant in false cases. She also lodged an FIR No.9/2017 at Police Station Mahila Thana, Dausa for offence u/s 498A, 406, 323, 377 IPC and section 4/6 of Dowry Prohibition Act, 1961 against the appellant and his family members. Thereafter, on 13.4.2017 a compromise for mutual consent for divorce u/s 13B of HMA was entered into between them for amount of Rs.10,50,000/-. The entire matter was to resolve in pursuance to the said compromise and the appellant had paid Rs.5,25,000/- by Demand Draft No.349468 dated 10.4.2017 and the rest amount was to be paid through Demand Draft at the time of filing of application u/s 13B of the HMA for mutual consent divorce. Final Report was submitted in FIR No.9/2017 which had been accepted on 16.5.2017. The respondent wife did not comply with the compromise and filed a case under Protection of Women from Domestic Violence Act before the learned Chief Judicial Magistrate, Dausa on 6.10.2017. The respondent wife concealed the fact of compromise. Thereafter, the appellant was constrained to file divorce petition u/s 13 of the HMA before the learned Family Court on the ground of cruelty. During proceedings, another compromise was made between them before the learned Family Court by which appellant husband had to pay Rs.13,25,000/- (including already paid Rs.5,25,000/-). According to condition, Rs.4,00,000/- was to be deposited in the learned Family Court by way of Demand Draft at the time of filing of application u/s 13B of the HMA for mutual consent of divorce and rest amount of Rs.4,00,000/- was to be paid at the time of final decree. The appellant was ready and prepared to pay Rs.4,00,000/- but the respondent wife resiled from compromise. She wanted to take more money from the appellant. The matter was again compromised between them before the mediator - DLSA, Dausa on 4.1.2019 in which the respondent wife demanded Rs.10,50,000/- excluding the amount already received as Rs.5,25,000/-. Out of which, Rs.7,50,000/- was to be paid by way of Demand Draft before the learned Family Court on filing of petition u/s 13B of the HMA on 8.1.2019 and rest of the amount Rs.3,00,000/- would be paid at the time of final settlement. It was also decided that she would not claim any maintenance amount in future and the cases pending between them, would be withdrawn. On 8.1.2019, the appellant was present in the learned Family Court, Jaipur for filing petition along with Demand Draft of Rs.7,50,000/- but the respondent wife did not come to the court. On 9.1.2019, she filed an application to withdraw the compromise. Respondent wife increased the compromised amount three times. She dishonestly harassed the appellant by demanding more and more money and filing false cases against him. She filed a new case for maintenance u/s 125 Cr.P.C. before the learned Family Court, Dausa.