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(2024) Law Today Live Doc. Id. 18951 = 2024(2) L.A.R. 208
Decided on: 10.01.2024
For Petitioner(s):
Ms. Arti Singh, AOR, Mr. Aakashdeep Singh Roda, Adv., Ms. Pooja Singh, Adv., Mr. B P Singh, Adv., Ms. Kavita Singh, Adv.
For Respondent(s):
Mr. Anuj Kapoor, AOR, Ms. Devahuti Pathak, Adv.
Hindu Marriage Act, 1955 (25 of 1955), Section 13B -- Constitution of India, Article 142 – Divorce by mutual consent – Waiver of period – Quashing of all pending proceedings-- Parties have recorded their statements before the Registrar(Judicial) on oath as regards compliance of conditions stipulated in Section 13-B of the Hindu Marriage Act -- Order waiving the timeframe stipulated in Section 13-B(2) of the Hindu Marriage Act, 1955 passed considering the fact that they have been living separately for more than two years -- Direction given that a decree be passed dissolving their marriage on mutual consent -- Cases involving the parties mainly arising out of their matrimonial dispute, quashed.
(Para 1, 2)
ORDER
1. The dispute which gave rise to the present petition stands settled through the process of mediation. One of the terms stipulate that the parties would apply for dissolution of their marriage on mutual consent invoking jurisdiction of this Court under Article 142 of the Constitution of India. The parties have recorded their statements before the Registrar(Judicial) on oath as regards compliance of conditions stipulated in Section 13-B of the Hindu Marriage Act. It is pleaded that the parties are living separately from 18th March, 2021. In such circumstances, we waive the requirement of completion of the timeframe stipulated in the aforesaid provision and direct that a decree be passed dissolving their marriage on mutual consent.
2. We are passing this order waiving the timeframe stipulated in Section 13-B(2) of the Hindu Marriage Act, 1955 considering the fact that they have been living separately for more than two years. For doing substantial justice, we also quash the cases involving the parties mainly arising out of their matrimonial dispute, referred to in the report of the Registrar. The particulars of these cases are set out below:-
“(i) MNT Case No. 158/2021 entitled Aanchal Arora v. Nishant Khatri under Section 125 Cr.P.C. pending before the Principal Judge, Family Court, Rewari District Court, Haryana.
(ii) Case no. CHI 949/2021 arising out of FIR 262/2021 registered at PS Rewari City and entitled State v. Nishant Khatri, currently pending before the Chief Judicial Magistrate, Rewari District Court, Haryana.
(iii) DV Act Case no. 106/2021 entitled Aanchal Arora v. Nishant Khatri & Ors. Which is pending before the Ld. Chief Judicial Magistrate, Rewari, Haryana.
(iv) DMC no. 81/2022 entitled Aanchal Arora v. Nishant Khatri under section 9, Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, Rewari District Court, Haryana.
(v) Divorce Petition no. 35/2023 entitled Nishant Khatri v. Aanchal Arora pending before Ld. ADJ Chomu, Jaipur.
(vi) CRR(F) no. 1196/2022 entitled Nishant Khatri v. Aanchal Arora pending before the Punjab & Haryana High Court.
(vii) CRR(F) no. 150/2023 entitled Aanchal Arora v. Nishant Khatri before the Punjab & Haryana High Court.”
3. The parties are present in person before us and have been identified by their respective Advocates. Through their learned Advocates, they have given undertaking to this Court that they shall comply with the terms of settlement and that they will not raise any other claim or further allegation against each other.
4. In view of this settlement, the transfer petition has lost its utility and the same is disposed of.
5. Pending application(s), if any, shall also stand disposed of.
Order accordingly.
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