RICHA PATEL Vs. PEENAL PATEL

JUDGEMENT

(1.) This appeal has been preferred by Smt. Richa Patel assailing the order dtd. 3/12/2018 passed by Family Court No. 1, Jaipur. The said Court by the aforesaid order has dismissed the petition jointly filed by appellant-wife and respondent-husband under Sec. 13-B of the Hindu Marriage Act for dissolution of their marriage and obtaining decree of divorce by mutual consent on the ground of its being premature.

(2.) In the application, it was stated that the marriage of the appellant and respondent was solemnised on 28/6/2018 as per the Hindu customs and rites. They do not have any issue. It was stated that appellant had on being mislead by certain person filed the first information report in Mahila Thana North, Jaipur against the respondent and his family members and that she would get the prosecution launched on that basis, withdrawn on the basis of compromise arrived at between the parties. It was stated that respondent-husband had submitted a cheque in the sum of Rs.1,11,000.00 as permanent alimony in the Family Court and appellant-wife has agreed to accept the same as permanent alimony. Both the parties on those terms wanted to get their marriage dissolved. They have prepared a compromise deed in the presence of two witnesses and the members of their community. They are residing separately since 2/10/2018. No dowry articles were given to the appellant at the time of her marriage.

(3.) When the matter was listed before the Court on 27/5/2019, appellant-wife was present in Court and was given counselling by the Court as to insufficiency of the quantum of permanent alimony. She was granted time to again think over the quantum of permanent alimony so offered; whether or not the same would be sufficient. The parties were directed to appear in person before this Court today.