Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 79 of 2021 Petitioner :- Lalita Singh Respondent :- Anil Parmar Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- Som Veer
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The matrimonial dispute between the parties came to be settled through agreement reached between them at the Mediation and Conciliation Centre of the High Court and one of the condition was that the mutual divorce would take place between the parties on payment of permanent alimony of Rs.29 lakhs.
The demand draft bearing no.509875 dated 3.12.2019 was submitted for a sum of Rs.14,50,000/-(50 per cent of the aggrieved amount) drawn on the ICICI Bank and was handed over to the present petitioner which has already been en-cashed accordingly and the remaining amount of Rs.14,50,000/- was directed to be paid as per agreement at the time of final order to be passed in the mutual divorce petition. Yet another condition was provided for in the agreement between the parties that all criminal and civil cases shall be withdrawn by the respective parties.
This Court had earlier directed to the opposite party to bring the draft of Rs.14,50,000/- to be drawn in favour of the petitioner namely, Lalita Singh.
Learned counsel for the opposite party has today placed the draft before the Court photocopy of which is kept on the file. He further submits that the 4 criminal cases instituted by the present petitioner being Complaint Case No.1094 of 2015, Criminal Case No.4 of 2019, Marriage Petition No.2051 of 2019 and Complaint Case No.235 of 2020 have yet not been withdrawn. However, learned counsel for the petitioner is not in a position to inform about the criminal case, if any, instituted by the opposite party against her.
This petition has been filed for expeditious disposal of the mutual divorce petition of the judicial separation filed under Section 13-B of the Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, Mathura. Since the demand draft of Rs.14,50,000/- has been produced before the Court and the parties have agreed that they would withdraw the criminal cases instituted against each other, this Court can simply direct for disposal of the pending petition under Section 13-B of the Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, Mathura expeditiously in a time bound period.
From the perusal of the order of the Mediation and Conciliation Centre, Allahabad I find that the payment of Rs.14,50,000/- was to be paid at the time of final order to be passed in the mutual divorce petition.
In such above view of the matter, opposite party is directed to deposit the bank draft before the Principal Judge, Family Court, Mathura within a period of one week from today.
The parties are directed to co-operate in the proceeding of the mutual divorce pending before the Principal Judge, Family Court, Mathura who shall decide the same within a period of six weeks from the date of production of copy of this order. Provided of course all the criminal cases stand withdrawn by the parties against each other and an affidavit alongwith the orders withdrawing criminal cases is also filed before the Principal Judge, Family Court, Mathura by the respective parties.
On the date final order and decree is passed under Section 13-B of the Hindu Marriage Act, 1955 by the Principal Judge, Family Court, Mathura, the demand draft shall be released in favour of the present petitioner.
In case for any unavoidable reasons, the matter is lingered after six weeks, the Principal Judge, Family Court, Mathura shall endeavor to conclude the proceedings in the next 15 days.
With the aforesaid observations and directions the present petition stands disposed of.
Order Date :- 16.8.2021 Deepika