SIDDARTH MOTWANI Vs. AASTHA WADHWA

JUDGEMENT

(1.) This appeal has been filed by the appellant, Siddarth Motwani assailing order dt. 30/4/2019 passed on the application filed by the parties under Sec. 13B of the Hindu Marriage Act, 1955 (for short 'the Act') seeking decree of divorce by mutual consent, by the Family Court No. 1, Jaipur (for short 'the Family Court'). The Family Court by the aforesaid order has deferred the proceedings for six months to enable the parties to rethink over the matter.

(2.) Mr. J.P. Goyal, learned Senior Counsel appearing on behalf of the appellant-husband submitted that the marriage of the appellant and the respondent was solemnised on 17/7/2013. The appellant is residing in USA and the respondent-wife is currently residing in Delhi. Both are living separately for, 2 1/2 years and their marriage has reached at the stage of irretrievable break down. There is no possibility of settlement between the parties. The appellant and the respondent both have now decided to dissolve their marriage amicably by obtaining a decree of divorce by mutual consent The parties filed a joint application before the Family Court along with the deed of compromise, according to which the appellant-husband has agreed to pay a sum of Rs.25,00,000.00 to respondent-wife as one time full and final payment towards the maintenance, permanent alimony in the manner indicated in the aforesaid deed of compromise, Learned Senior Counsel, cited judgments of the Supreme Court in Amardeep Singh vs. Harbeen Kaur, Civil Appeal No. 11158 of 2017 decide on 12/9/2017; Veena vs. State of Govt. of NCT, Delhi and Anr., (2011) 14 SCC 614 and Devinder Singh Narula vs. Meenakshi Nangia, (2012) 8 SCC 580 and argued that six months period as envisaged in the Act is only directory and not mandatory, therefore, the same can be dispensed with in fit cases. It is submitted that the appellant has already handed over two demand drafts, each of Rs.6,00,000.00 to the respondent-wife on 16/4/2019 and 30/4/2019 respectively and third demand draft of Rs.13,00,000.00 was deposited with the Family Court.

(3.) Learned counsel for the respondent-wife does not dispute the aforesaid position and submitted that the respondent is desirous of obtaining decree of divorce on the conditions enumerated in the deed of compromise.