X v. Y

1. This appeal is directed against the judgment and decree dated 09.11.2022, passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, New Delhi.

2. Via the impugned judgment, the family court has disposed of the petition preferred by the respondent under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 [hereafter referred to as the “Act”]. 2.[1] The family court dissolved the marriage between the parties on the ground of desertion and dismissed the ground of cruelty advanced on behalf of the respondent/husband.

3. There is no dispute that the marriage lasted only for three and a half months. 3.[1] The parties entered into matrimony on 24.02.2011.

4. The record shows that on a previous occasion, the parties had agreed to part ways by taking recourse to the provisions under Section 13B of the Act. Under the settlement, the respondent was to pay Rs.[9] lakhs to the appellant. This settlement was arrived at in and about 2012. 4.[1] However, the record shows that the attempt at forging a settlement failed. The matter did not go beyond the first motion stage. 4.[2] The record also discloses that as a part of the settlement endeavour of 2012, Rs.4.50 lakhs was paid to the appellant. Since the settlement did not fructify, i.e., as the appellant did not proceed to the second motion stage, Rs.4.50 lakhs was deposited with the Registry of this Court. 4.[3] We are told that the said amount is still lying with the Court.

5. We had heard the matter at some length on 23.07.2024 and 22.08.2024, and thereafter, proceeded to reserve the judgment in the matter. 5.[1] The appellant, who was accompanied by her mother, mentioned the matter after the hearing was over. It was stated by the appellant that she wanted to consider arriving at a settlement with the respondent. Accordingly, we listed the matter for reconsideration based on the representation made by the appellant that she is willing to get the marriage dissolved, provided a suitable compensation was accorded to her.

6. It is against this backdrop the matter was listed today.

7. The appellant who is accompanied by her mother is present in the Court. Likewise, the respondent is also present in the Court.

8. The appellant has throughout advanced the arguments in the matter in person, while the respondent is represented by Mr R D Singh, Advocate.

9. After engaging with the parties, they have agreed that the appeal can be disposed of based on the following directions:

(i) The respondent will pay Rs.30 lakhs to the appellant within the next four (04) weeks.

(ii) Insofar as Rs.4.50 lakhs is concerned, the Registry will release the said amount, along with accrued interest, to the respondent.

(iii) The appellant will provide her bank details to the respondent and/or his advocate, Mr R D Singh for the purpose of remittance of the aforesaid amount i.e., Rs.30 lakhs.

(iv) The marriage will be dissolved in terms of the impugned judgment and decree passed by the family court.

(v) Parties undertake to abide by the terms of settlement indicated hereinabove.

10. The public facing sites of the Court shall not indicate the names of the parties. 10.[1] The Registry will act accordingly.