Hon'ble Om Prakash-VII,J.
Both the parties appeared in person. It appears that both the parties married on 11.5.2003, but could not live together and their relation became strained, as a result of which, both have decided to get the mutual divorced. In pursuance thereof, an application under Section 13-B of the Hindu Marriage Act has been filed before the court below in which it has been agreed between the parties that husband Sri Vikas Kumar Sharma shall pay a sum of Rs.3,00,000/- to Smt. Ruby Sharma.
It is the case of Smt. Ruby Sharma that, in fact, they agreed for Rs.8,00,000/-, out of which Rs.3,00,000/- has already been paid in cash. Since Rs.5,00,000/- has not been paid, she withdrew her consent. The application for withdrawal of consent has been rejected by the trial court and the trial court proceeded to pass the final order on the application under Section 13-B of the Act granting divorce to both the parties.
Against the rejection of withdrawal, Smt. Ruby Sharma filed Writ Petition No. 641 of 2008 which is pending consideration. Against the divorce decree, she filed the present appeal. It appears that during the course of proceeding, several criminal cases have been filed by her against Sri Vikas Kumar Sharma. The same are pending before the court. Today, Sri Vikas Kumar Sharma and Smt. Ruby Sharma appeared in the Court. It is stated that a sum of Rs.3,00,000/- has already been paid and in the proceeding under the Protection of Women from Domestic Violence Act, a sum of Rs.50,000/- has been paid. Both have arrived to a compromise. Sri Vikas Kumar Sharma has agreed to pay a further sum of Rs.4,50,000/- to Smt. Ruby Sharma and Smt. Ruby Sharma has agreed that on the payment of the aforesaid amount, she may withdraw the appeal and the divorce suit may be decreed. Sri Vikas Kumar Sharma agreed that a reasonable time may be allowed to him to pay the aforesaid amount.
In view of the above, Sri Vikas Kumar Sharma is directed to pay a sum of Rs.1,50,000/- by 25th September, 2014 and thereafter a sum of Rs.1,50,000/- shall be paid by 31st October, 2014 and the balance amount of Rs.1,50,000/- shall be paid by 30th November, 2014.
List on 25.9.2014. Both the parties shall appear in person on that date.
It has also been agreed that on the payment of the aforesaid amount, appellant-wife will withdraw all the civil and criminal cases arising out of matrimonial dispute pending in any of the court. The necessary order relating to the proceeding pending in the criminal courts shall be passed on 25.9.2014. It is informed that 22.9.2014 is the date fixed in the case filed under the Protection of Women from Domestic Violence Act. Learned counsel for the appellant states that on that day he will seek adjournment.
Order Date :- 15.9.2014/OP