Anjana Kishore Vs. Puneet Kishore
EmailAppeal: Transfer Petition (C) No. 260 of 2000
Petitioner: Anjana Kishore
Respondent: Puneet Kishore
Apeal: Transfer Petition (C) No. 260 of 2000
Judges: Dr. A.S. ANAND, CJI, R.C. LAHOTI & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Mar 08, 2001
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 with Hindu Marriage Act, 1955 – Section 13-B – Divorce petition at Bandra, Mumbai – Transfer sought to Saharanpur – Efforts made for settlement – Rs. 7 lakhs deposited and compromise filed – Directions issued to Mumbai court to pass orders on joint application for mutual divorce. Transfer referred accordingly. (Para 3)
JUDGEMENT:
ORDER
1. This transfer petition seeks transfer of divorce petition no. A-509/2000 titled “Sri Punit Kishore v. Smt. Anjana Kishore” filed by the respondent-husband before the family court at Bandra, Mumbai. The transfer is sought to the family court at Saharanpur. After notice was issued in this petition, efforts were made for settlement. The parties have filed the terms of compromise in this Court. The same are taken on record.
2. In terms of paras 3 and 4 of the terms of compromise, four demand drafts totalling to Rs. 7,00,000/- (rupees seven lakhs) only (3 demand drafts of Rs. 2,00,000/- each and one demand draft of Rs. 1,00,000/-) payable at Saharanpur have been presented in court today by the respondent’s counsel. The demand drafts are in the name of the petitioner. There is also provision in the terms of compromise with regard to the custody and visiting rights of the parties to the child born out of marriage. Both the parties, who are also personally present in court, have now agreed to get divorce by mutual consent.
3. In view of the developments which have taken place during the pendency of proceedings in this Court, we decline to transfer the case from family court at Bandra, Mumbai to the family court at Saharanpur. We, however, direct that as agreed to by learned counsel for the parties, a joint petition shall be filed by the parties before the family court at Bandra, Mumbai for grant of divorce by mutual consent. Terms of compromise as filed before us shall also accompany the joint petition. An application for curtailment of time for grant of divorce shall also be filed along with the joint petition. On such application being moved, the family court may, dispensing with the need of waiting for six months, which is required otherwise by sub-section (2) of section 13-B of Hindu Marriage Act, 1955, pass final order on the petition within such time as it may deem fit. This direction we are making under Article 142 of Constitution, as looking at the facts and circumstances of the case emerging from pleadings of the parties and disclosed during the course of hearing, we are satisfied of the need of making such a direction to do complete justice in the case. The parties shall present themselves before the learned presiding officer, family court at Bandra, Mumbai on 17.9.2001 when the learned presiding judge shall take further appropriate steps.
4. The four demand drafts as referred to above, shall remain in the custody of registrar (judicial) of this Court and on the petitioner furnishing a copy of the order of the family court at Bandra, Mumbai regarding grant of divorce, the drafts shall be handed over to her.
5. With the above observations, the transfer petition is disposed of. There shall be no order as to costs insofar as this petition is concerned.
1. This transfer petition seeks transfer of divorce petition no. A-509/2000 titled “Sri Punit Kishore v. Smt. Anjana Kishore” filed by the respondent-husband before the family court at Bandra, Mumbai. The transfer is sought to the family court at Saharanpur. After notice was issued in this petition, efforts were made for settlement. The parties have filed the terms of compromise in this Court. The same are taken on record.
2. In terms of paras 3 and 4 of the terms of compromise, four demand drafts totalling to Rs. 7,00,000/- (rupees seven lakhs) only (3 demand drafts of Rs. 2,00,000/- each and one demand draft of Rs. 1,00,000/-) payable at Saharanpur have been presented in court today by the respondent’s counsel. The demand drafts are in the name of the petitioner. There is also provision in the terms of compromise with regard to the custody and visiting rights of the parties to the child born out of marriage. Both the parties, who are also personally present in court, have now agreed to get divorce by mutual consent.
3. In view of the developments which have taken place during the pendency of proceedings in this Court, we decline to transfer the case from family court at Bandra, Mumbai to the family court at Saharanpur. We, however, direct that as agreed to by learned counsel for the parties, a joint petition shall be filed by the parties before the family court at Bandra, Mumbai for grant of divorce by mutual consent. Terms of compromise as filed before us shall also accompany the joint petition. An application for curtailment of time for grant of divorce shall also be filed along with the joint petition. On such application being moved, the family court may, dispensing with the need of waiting for six months, which is required otherwise by sub-section (2) of section 13-B of Hindu Marriage Act, 1955, pass final order on the petition within such time as it may deem fit. This direction we are making under Article 142 of Constitution, as looking at the facts and circumstances of the case emerging from pleadings of the parties and disclosed during the course of hearing, we are satisfied of the need of making such a direction to do complete justice in the case. The parties shall present themselves before the learned presiding officer, family court at Bandra, Mumbai on 17.9.2001 when the learned presiding judge shall take further appropriate steps.
4. The four demand drafts as referred to above, shall remain in the custody of registrar (judicial) of this Court and on the petitioner furnishing a copy of the order of the family court at Bandra, Mumbai regarding grant of divorce, the drafts shall be handed over to her.
5. With the above observations, the transfer petition is disposed of. There shall be no order as to costs insofar as this petition is concerned.
