Sangeeta Vs. Suresh Kumar
EmailAppeal: Transfer Petition (C) No. 88 of 1999
Petitioner: Sangeeta
Respondent: Suresh Kumar
Apeal: Transfer Petition (C) No. 88 of 1999
Judges: Dr. A.S. ANAND, C.J.I., R.C. LAHOTI & DORAISWAMY RAJU, JJ.
Date of Judgment: Nov 04, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Divorce petition by husband at Delhi – Maintenance petition and criminal proceedings by wife at Baroda – During pending of transfer petition, efforts made to reconcile – Both parties agreeing – Assurances and undertaking given – Order that parties shall withdraw their respective proceedings and transfer petition accordingly is dismissed.
(Paras 4, 5)
JUDGEMENT:
ORDER
1. Parties who were married on 4th February, 1995 and had their first girl child born on 26th November, 1995 appear to have developed some misunderstandings on account of interference by their respective parents in their matrimonial life and that resulted in strained relations developing between them. The strained relations led to the filing of a divorce petition by the respondent-husband being H.M.A. No. 1093/98 in the Court of District Judge, Delhi. The petitioner-wife filed a petition for maintenance under Section 18 of the Hindu Adoption and Main-tenance Act in the Court of learned Civil Judge (Senior Division) at Baroda along with an application for interim maintenance. The petitioner-wife also filed a criminal complaint against the respondent-husband and his family members for offences under Sections 498A, 406 and 114 of the Indian Penal Code in the Court of Judicial Magistrate First Class (Municipal) Court, Baroda in December, 1998.
2. After notice was issued in this petition filed by the peti-tioner-wife for transfer of H.M.A. No. 1093/98 and counter was filed, we took note of paragraph 5 of the counter affidavit wherein it is stated that the respondent-husband was willing to withdraw the divorce petition, in case the petitioner-wife was ready and willing to settle with him and restore marital life. We saw a ray of hope in bringing reconciliation between the parties and suggested to them to try and settle the disputes and bury their differences and start afresh their matrimonial life keep-ing in view the welfare and interest of their child. We are happy at the outcome of our efforts. Parties made a genuine attempt to live together and resume their matrimonial life. We adjourned the matter for some time to enable the parties to live together.
3. Parties are present before us today along with their learned Counsel.
4. Petitioner-wife states that the parties have since been living together along with their daughter and that she has no complaint against her husband any more and wants to live with him. The respondent-husband has also said likewise and filed an undertak-ing, which he reiterates in the court, stating that he will live in a separate house along with his wife and child and will not inflict any mental or physical harassment to her and will main-tain the child and the wife affectionately and properly. It is also stated that he shall be staying away from his parents and that he would ensure that his parent do not interfere with the matrimonial life of the parties. The petitioner-wife also assures us that her parents shall also not interfere with the matrimonial life of the parties. We take the undertaking on the record.
5. The parties who are present along with their learned Counsel assure us that all the proceedings pending between them shall be withdrawn by them from the respective Courts. Whereas the re-spondent shall withdraw divorce petition being H.M.A. No. 1093/98 from the Court of the District Judge, Delhi. The petitioner-wife shall withdraw the suit for maintenance pending before the learned Civil Judge (Senior Division) at Baroda as well as the criminal complaint filed by her under Sections 498A, 406 and 114 of the Indian Penal Code pending in the Court of Judicial Magis-trate First Class (Municipal) Court, Baroda so that no cause for any misunderstanding remains. We record their assurances and direct that the parties shall take appropriate steps to withdraw the pending cases from the respective courts within three weeks.
6. The transfer petition is disposed of and consigned to records. Interim orders are vacated so that the parties can withdraw the cases which they had filed against each other.
1. Parties who were married on 4th February, 1995 and had their first girl child born on 26th November, 1995 appear to have developed some misunderstandings on account of interference by their respective parents in their matrimonial life and that resulted in strained relations developing between them. The strained relations led to the filing of a divorce petition by the respondent-husband being H.M.A. No. 1093/98 in the Court of District Judge, Delhi. The petitioner-wife filed a petition for maintenance under Section 18 of the Hindu Adoption and Main-tenance Act in the Court of learned Civil Judge (Senior Division) at Baroda along with an application for interim maintenance. The petitioner-wife also filed a criminal complaint against the respondent-husband and his family members for offences under Sections 498A, 406 and 114 of the Indian Penal Code in the Court of Judicial Magistrate First Class (Municipal) Court, Baroda in December, 1998.
2. After notice was issued in this petition filed by the peti-tioner-wife for transfer of H.M.A. No. 1093/98 and counter was filed, we took note of paragraph 5 of the counter affidavit wherein it is stated that the respondent-husband was willing to withdraw the divorce petition, in case the petitioner-wife was ready and willing to settle with him and restore marital life. We saw a ray of hope in bringing reconciliation between the parties and suggested to them to try and settle the disputes and bury their differences and start afresh their matrimonial life keep-ing in view the welfare and interest of their child. We are happy at the outcome of our efforts. Parties made a genuine attempt to live together and resume their matrimonial life. We adjourned the matter for some time to enable the parties to live together.
3. Parties are present before us today along with their learned Counsel.
4. Petitioner-wife states that the parties have since been living together along with their daughter and that she has no complaint against her husband any more and wants to live with him. The respondent-husband has also said likewise and filed an undertak-ing, which he reiterates in the court, stating that he will live in a separate house along with his wife and child and will not inflict any mental or physical harassment to her and will main-tain the child and the wife affectionately and properly. It is also stated that he shall be staying away from his parents and that he would ensure that his parent do not interfere with the matrimonial life of the parties. The petitioner-wife also assures us that her parents shall also not interfere with the matrimonial life of the parties. We take the undertaking on the record.
5. The parties who are present along with their learned Counsel assure us that all the proceedings pending between them shall be withdrawn by them from the respective Courts. Whereas the re-spondent shall withdraw divorce petition being H.M.A. No. 1093/98 from the Court of the District Judge, Delhi. The petitioner-wife shall withdraw the suit for maintenance pending before the learned Civil Judge (Senior Division) at Baroda as well as the criminal complaint filed by her under Sections 498A, 406 and 114 of the Indian Penal Code pending in the Court of Judicial Magis-trate First Class (Municipal) Court, Baroda so that no cause for any misunderstanding remains. We record their assurances and direct that the parties shall take appropriate steps to withdraw the pending cases from the respective courts within three weeks.
6. The transfer petition is disposed of and consigned to records. Interim orders are vacated so that the parties can withdraw the cases which they had filed against each other.
