Full Judgment Text
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CASE NO.:
Transfer Petition (civil) 355 of 2007
PETITIONER:
JASMEET KAUR
RESPONDENT:
JASPREET SINGH
DATE OF JUDGMENT: 29/02/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION(C) NO.355 OF 2007
This transfer petition is filed by the wife. It appears that a decree of divorce
has already been granted by the Family Court. What is pending at Family Court,
Hardwar is an application filed under Order 9 Rule 13 CPC by the petitioner to set
aside the divorce decree.
Pursuant to our notice the respondent appears. Learned counsel for the
respondent stated that the respondent is now remarried and having a child from the
second wife.
In the facts and circumstances of this case, in our view, the only relief that can
be granted to the petitioner is by way of awarding compensation/maintenance
allowance.
Situated as such, we invoked our power under Article 142 in order to do
complete justice to the parties. We direct the respondent-husband to give a lump
sum compensation of Rs.2,00,000/- (two lakhs) to the
: 2 :
petitioner-wife. The payment of compensation shall be made within six months
from today. If the payment is not made
within the stipulated time, it will carry an interest at the rate of 9% per annum from
the due date till the payment is made. The application under Order 9 Rule 13 CPC
pending before the Family Court, Hardwar shall stand dismissed.
The transfer petition is disposed of accordingly.