Garg Vs. S.H. Arun Garg  INSC 742 (18 September 1997)
ANAND, K. VENKATASWAMI
18TH DAY OF SEPTEMBER, 1997 Present:
Dr. Justice A.S. Anand Hon'ble Mr. Justice K. Venkataswami Ms.Arun Mathur, A. mariarputhum,
Mrs. Urmila Narang, Advs.
Aruna & Co., Adv. for the petitioner.
Kumar Jain, Adv. for the Respondent O R D E R The folioing Order of the Court
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
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
was ordered in the Transfer Petition and the respondent has entered appearance
through his counsel.
not giving the details of the dispute between the parties in view of the
subsequent events pending this Transfer Petition.
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.
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
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.
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
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.
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.
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.
transferred to this court are disposed of. No Costs.