Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
SMT. SHASHI GARG
Vs.
RESPONDENT:
SH. ARUN GARG.
DATE OF JUDGMENT: 18/09/1997
BENCH:
A.S. ANAND, K. VENKATASWAMI
ACT:
HEADNOTE:
JUDGMENT:
THE 18TH DAY OF SEPTEMBER, 1997
Present:
Hon’ble Dr. Justice A.S. Anand
Hon’ble Mr. Justice K. Venkataswami
Ms.Arun Mathur, A. mariarputhum, Mrs. Urmila Narang, Advs.
for Arputham, Aruna & Co., Adv. for the petitioner.
Sushil Kumar Jain, Adv. for the Respondent
O R D E R
The folioing Order of the Court was delivered:
O R D E R
K. Venkataswami
H.M.A. case No. 221/96 pending before District Judge,
Delhi is transferred to the file of this court.
This Transfer Petition was filed under Section 25 of
the Code of Civil procedure with a prayer to order transfer
of H.m.A. Case No. 221/96 pending before the District Judge,
Delhi between the parties to the Court of competent
jurisdiction at Tewari, Haryana. The respondent- husband
has filed the said H.M.A. Case No. 221/96 under Section
13(1) (ai) of the Hindu Marriage Act, 1955 (hereinafter
called the Act) for the dissolution of the marriage between
the parties. This petition was filed some time in February,
1996 by the respondent-husband.
Notice was ordered in the Transfer Petition and the
respondent has entered appearance through his counsel.
We are not giving the details of the dispute between
the parties in view of the subsequent events pending this
Transfer Petition.
When this Transfer Petition came up for hearing, the
parties desired to settle the dispute outside the Court and
to fail a memorandum of agreement in this Court.
Accordingly, an agreement signed by the parties has been
filed which is art page 59 of the paper book. The parties
were also present on 15.9.97 when the matter was headed .
As the parties desired to settle the dispute by filing the
memorandum of agreement in this Court, it has become
necessary to transfer the H.M.A. case No.221/96 pending on
the file of the District Judge, Delhi to this Court and
dispose of the same in the light of the agreement filed by
the parties.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
We have gone through the terms of the agreement. We
have also noted that one minor daughter, by name Arushi
Garg, born out of the wedlock is there and her interest has
been protected in the terms of the agreement. After going
through the pleadings filed both before the District Judge,
Delhi and here, we are satisfied that the parties have
reached to purpose of persuading them to live together under
matrimonial roof.
In Clause 2 of the agreement, the parties have stated
as follows
"2. That party no. 1 and 2 jointly
pray before this Hon’ble Court that
their marriage be dissolved which
is dead emotionally and practically
between the parties by mutual
consent under the directions of
this Hon’ble Court."
The requirements of Section 13-B of the Act have been
satisfied and there is no impediment in granting the decree
for divorce by mutual consent by altering the relief in
H.M.A. Case No.221/96, as one available under Section 13-B
of the Act with a view to do complete justice between the
parties and avoid unnecessary further litigation. We are
also satisfied that the interest of the minor daughter has
been safeguarded. Though clause (2) of the agreement
enables the withdraw of Rs.1,00,000/- at the time of the
minor daughter attaining majority or at the time of her
marriage, whichever is earlier, we make it clear that the
marriage cannot daughter reaches the statutorily fixed
marriageable age.
Accordingly, there will be a decree for divorce by
mutual consent in terms of the agreement entered into
between the parties on 11th Day of September, 1997. The
petitioner shall withdraw the petition filed by her under
Section 125 Cr. P.C. before the judicial magistrate, Rewari.
The parties will strictly comply with/adhere to the terms of
the compromise deed which is taken on record and which shall
form of the decree. Transfer petition and H.M.A. Case No.
221/96 transferred to this court are disposed of. No Costs.