Full Text
HIGH COURT OF DELHI
JUDGMENT
MUKESH JOSHI ..... Appellant
For the Appellant: Mr. Vivek Singh and Ms. Kirti Mewar, Ms. Stuti Gupta Advocates with appellant in person
For the Respondent: Ms. Shipra Choudhry and Ms. Aashna, Advocates with respondent in person.
HON'BLE MR. JUSTICE MANOJ JAIN
1. Parties are present in person. We have interacted with the parties. It is agreed between the parties that they shall dissolve their marriage by mutual consent.
2. Parties have produced the following Identity proof:
3. Respondent, who is present in person, submits that since she is working and she does not have any claim of maintenance or alimony from the appellant. Accordingly, she submits that she waives all her rights for past, present and future maintenance, claim or alimony.
4. Parties undertake that they shall duly file a joint petition of divorce by mutual consent and shall also appear before the concerned Court for recording of their respective statements for dissolving the marriage by mutual consent.
5. The undertaking of the parties is accepted. Parties are bound down to the statement given to the Court.
6. Learned counsel for the parties pray that the impugned judgment dated 14.09.2006 be set aside and the petition for grant of divorce be permitted to be amended to a petition for grant of divorce under Section 13(B) (1) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’).
7. In view of the settlement between the parties and their undertakings, impugned Judgment dated 14.09.2006 is set aside. The petition is restored to its original number. On the oral prayer of the parties, the petition is also permitted to be amended into a petition for grant of divorce under Section 13(B) (1) of the Act.
8. Parties shall appear before the Family Court for filing the joint amended petition and for recording of the statement of the parties on 24th May, 2023.
9. On an application being filed, the Family Court shall take into account the fact that the parties have been living separately for over twenty years and, have been litigating and, the subject petition was filed on 05.03.2001 and there has been no resumption of cohabitation and accordingly grant waiver of the statutory period of six months as stipulated under Section 13(B)(2) of the Act. Parties shall thereafter file the second motion petition for obtaining divorce by mutual consent.
10. The appeal is disposed of in the above terms.
11. Order Dasti under signatures of the Court Master. [[[[ SANJEEV SACHDEVA, J MANOJ JAIN, J MAY 10, 2023