Atul Kumar Natwarlal Kadakia Vs. Jyoti Atul Kumar Kadakia
EmailAppeal: Civil Appeal No. 2092 of 1996
Petitioner: Atul Kumar Natwarlal Kadakia
Respondent: Jyoti Atul Kumar Kadakia
Apeal: Civil Appeal No. 2092 of 1996
Judges: S.B. MAJMUDAR & M. JAGANNADHA RAO, JJ.
Date of Judgment: Apr 11, 1997
Head Note:
HINDU LAWS
MARRIAGE AND DIVORCE
Hindu Marriage Act,1956
Section 13-B – Mutual consent – Matter pending before Supreme Court – Compromise filed – Terms settled and acted upon. Ordered that memorandum of understanding be sent to Family Court at Bombay for treating it to be application under Section 13-B and to proved in accordance with law. (Para 2)
MARRIAGE AND DIVORCE
Hindu Marriage Act,1956
Section 13-B – Mutual consent – Matter pending before Supreme Court – Compromise filed – Terms settled and acted upon. Ordered that memorandum of understanding be sent to Family Court at Bombay for treating it to be application under Section 13-B and to proved in accordance with law. (Para 2)
JUDGEMENT:
ORDER
1. We have learned counsel for the parties finally in this appeal. In this matrimonial dispute between the appellant-husband and the respondent-wife the Family Court refused to grant a decree for divorce to the appellant on the grounds alleged by him. That order is confirmed by the High Court and that is now this appeal has been filed by the husband.
2. During the pendency of this appeal, the parties have arrived at a settlement and have agreed to get divorce by mutual cons-ent. The terms of compromise styled as memorandum of understand-ing have been produced before us. We are informed by the learned counsel for the parties that both the parties have acted upon the terms of memorandum of understanding. Learned counsel for the respondent-wife informed us on instructions that the respondent has received the full amount of compensation of Rs 6 lakhs as stated in the memorandum of understanding. Learned counsel for the appellant-husband informed us that he has withdrawn the writ petition filed by him in the Bombay High Court. Learned counsel for the respondent-wife submitted that the respondent-wife will withdraw the application for enhancement of maintenance amount within two weeks from today. These statements are recorded. The parties concerned shall abide by these statements and undertak-ings as averred by them in the light of the memorandum of under-standing. In view of this development, nothing further survives in this appeal. However, the memorandum of settlement produced before us will not be treated to be an application for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The proceedings, therefore, to that extent will stand remanded to the Family Court at Bombay. The original memorandum of understanding duly signed by parties will be sent by the Registry of this Court to the Family Court at Bombay for treating it to be an application under Section 13-B of the Hindu Marriage Act, 1955 for being proceeded with in accordance with law. Sub-ject to these directions, the appeal is disposed of. No costs.
1. We have learned counsel for the parties finally in this appeal. In this matrimonial dispute between the appellant-husband and the respondent-wife the Family Court refused to grant a decree for divorce to the appellant on the grounds alleged by him. That order is confirmed by the High Court and that is now this appeal has been filed by the husband.
2. During the pendency of this appeal, the parties have arrived at a settlement and have agreed to get divorce by mutual cons-ent. The terms of compromise styled as memorandum of understand-ing have been produced before us. We are informed by the learned counsel for the parties that both the parties have acted upon the terms of memorandum of understanding. Learned counsel for the respondent-wife informed us on instructions that the respondent has received the full amount of compensation of Rs 6 lakhs as stated in the memorandum of understanding. Learned counsel for the appellant-husband informed us that he has withdrawn the writ petition filed by him in the Bombay High Court. Learned counsel for the respondent-wife submitted that the respondent-wife will withdraw the application for enhancement of maintenance amount within two weeks from today. These statements are recorded. The parties concerned shall abide by these statements and undertak-ings as averred by them in the light of the memorandum of under-standing. In view of this development, nothing further survives in this appeal. However, the memorandum of settlement produced before us will not be treated to be an application for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The proceedings, therefore, to that extent will stand remanded to the Family Court at Bombay. The original memorandum of understanding duly signed by parties will be sent by the Registry of this Court to the Family Court at Bombay for treating it to be an application under Section 13-B of the Hindu Marriage Act, 1955 for being proceeded with in accordance with law. Sub-ject to these directions, the appeal is disposed of. No costs.
