Praveen Rajan v. Rekha

Delhi High Court · 26 Apr 2023 · 2023:DHC:2867-DB
Sanjeev Sachdeva; Gaurang Kanth
MAT.APP.(F.C.) 207/2018
2023:DHC:2867-DB
family appeal_dismissed

AI Summary

The Delhi High Court allowed withdrawal of an appeal after parties settled matrimonial disputes and undertook to obtain mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, with waiver of maintenance claims and statutory waiting period.

Full Text
Translation output
2023:DHC:2867-DB
MAT.APP.(F.C.) 207/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 26.04.2023 PRAVEEN RAJAN ..... Appellant
versus
REKHA ..... Respondent Advocates who appeared in this case:
For the Appellant: Mr. Amit Kr. Singh and Mr. Varun Maheshwari, Advocates with appellant in person.
For the Respondent: Mr. Girish Kumar Sharma, Advocate with respondent in person.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE GAURANG KANTH
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Parties are present in person. They submit that they have settled their disputes. Respondent submits that she is willing to grant divorce to the appellant and does not expect anything towards her past, present, future maintenance or any amount towards permanent alimony. She submits that she is willing to grant divorce without taking any money from the appellant and she shall be able to sustain herself on her own. The statement is taken on record.

2. The appellant who is present in person submits that he is also willing to grant divorce.

3. Parties undertake that they shall be applying for grant of divorce 2023:DHC:2867-DB by way of mutual consent under Section 13B of the Hindu Marriage Act, 1955. The parties undertake that they shall be approaching the competent court for grant of divorce within one month. The undertakings are accepted.

4. Keeping in view of the facts that the parties separated in the year 01.04.2012 and the subject petition for divorce was filed by the appellant on 28.05.2012, on an application being moved, the family court shall duly take into account the said facts and waive off the statutory period of six months.

5. In view of the above, learned counsel for the appellant submits that the appellant does not wish to press the appeal any further and seeks leave to withdraw the same.

6. The appeal is accordingly dismissed as withdrawn. Parties are bound down to their statement.

SANJEEV SACHDEVA, J GAURANG KANTH, J APRIL 26, 2023