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Tuesday, March 10, 2015

while referring the parties to mediation, this Court has asked the appellant whether he will be willing to deposit a sum of Rs.10,00,000/- before this Court by way of permanent alimony as well as maintenance for the male child from the marriage. Learned counsel for appellant/husband submitted that the sum of Rs.10,00,000/- will be deposited within six weeks from the date of the order. As per the order, commencement of mediation was made conditional on deposit of Rs.10,00,000/-. In compliance with the direction of this Court, the appellant has deposited a sum of Rs.10,00,000/-. The parties were referred to the Mediation Centre at Shimla. To enable the respondent-wife to travel to Shimla, a further amount of Rs.25,000/- was paid to the respondent-wife by way of demand draft. 4. Expressing her consent for divorce and stating that the amount of Rs.10,00,000/- deposited by the appellant in this Court be paid to her as permanent alimony and also as maintenance of the minor son, the respondent has filed affidavit. In the affidavit, the respondent has stated as under:- "It is most humbly submitted that in the interest of my son and overall bringing an end to the disputes, I am agreeable for a Divorce. However all the allegations/contentions raised in Divorce Petition and the present Special Leave Petition are denied. The Appellant has made bald and false allegations in these Petitions. In these circumstances, this Hon'ble Court may protect the interest of the Respondent herein by recording that the Divorce is being granted by mutual consent and accordingly pass appropriate orders in the interest of justice." 5. Pursuant to the affidavit filed by the respondent-wife, taking into consideration that the relationship between the parties are strained for quite a long time, judgments of both the courts below are set aside and this appeal is allowed. In order to render justice between the parties, in exercise of our power under Article 142 of the Constitution of India, the marriage between the appellant and the respondent is dissolved by mutual consent. The amount of Rs.10,00,000/- lying in this Court's deposit be invested in the name of minor son represented by the respondent in any one of the Nationalized Bank as per the choice of the respondent till he attains majority. The respondent is permitted to withdraw the periodical interest accrued thereon once in a year directly from the bank and the same shall be utilized for the welfare of the minor son. No costs. Copy of this judgment shall be sent to the District Judge, Solan, H.P.

                                                                  REPORTABLE

                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO. 6161/2010



Raj Kumar Rana                                     ..Appellant



                                   Versus



Rita Rathore                                           ..Respondent



                               J U D G M E N T



R. BANUMATHI, J.



      This appeal arises out of  the judgment dated   10.11.2008  passed  by
the High Court of Himachal Pradesh  at  Shimla  in  FAO  (HMA)  No.266/2004,
dismissing the appellant's appeal  and  declining  to  pass  the  decree  of
divorce.

2.          Marriage between the appellant-husband and  respondent-wife  was
solemnized on 10.5.1997 and both of them resided  together  as  husband  and
wife for about nine months. Case of the appellant is that both parties  were
employed  in  District  Hospital  at  different   places.    Appellant   was
transferred to District Hospital, Solan, Himachal  Pradesh  and  he  started
living at Solan.  By  their  joint  efforts,  they  were  able  to  get  the
respondent transferred to Solan. The  respondent-wife  became  pregnant  and
she went to her parents house at Nirsu in Rampur,  Himachal  Pradesh.   Case
of the appellant is that in February 1998, respondent-wife  left  Solan  for
delivery at her parents house at Rampur and thereafter she never  came  back
and never stayed with the appellant.  Parties are  said  to  have  separated
since February 1998 and a male child  was  born  out  of  their  wedlock  at
Rampur on 2.6.1998.  Appellant alleged that despite his request,  respondent
continued to stay with her child at her parents house at  Nirsu  in  Rampur.
Inspite of being transferred  to  Solan,  respondent  refused  to  join  the
appellant at Solan and instead she got herself   adjusted  at  IGMC  Shimla.
According to the appellant-husband, when he  requested  the  respondent-wife
to part  ways  by  mutual  consent,  respondent  and  her  parents  demanded
Rs.10,00,000/- as maintenance.  The appellant  filed  petition  for  divorce
under Section 13 of the Hindu Marriage Act against  the  respondent  on  the
ground  of  cruelty  and  desertion.   Vide  its  judgment  dated  2.1.2003,
District Judge, Solan dismissed the petition both on grounds of cruelty  and
desertion.   Regarding desertion, trial court  observed  that  parties  have
strained relations for long time and are residing separately on  account  of
exigencies of their services and not on account  of  hostilities  and  there
was no animus deserendi on the part of the respondent  in  living  separate.
The appellant preferred appeal before the High Court and vide  its  judgment
dated 10.11.2008, the High Court dismissed the appeal.  In this appeal,  the
appellant challenges  the  correctness  of  the  dismissal  of  his  divorce
petition.

3.          Vide order dated  25.6.2014,  while  referring  the  parties  to
mediation, this Court has asked the  appellant whether  he will  be  willing
to deposit  a sum of Rs.10,00,000/- before this Court by  way  of  permanent
alimony as well as  maintenance  for  the  male  child  from  the  marriage.
Learned  counsel  for  appellant/husband   submitted   that   the   sum   of
Rs.10,00,000/- will be deposited within six  weeks  from  the  date  of  the
order.  As per the order, commencement of mediation was made conditional  on
deposit of Rs.10,00,000/-.  In compliance with the direction of this  Court,
the appellant has deposited a sum  of  Rs.10,00,000/-.    The  parties  were
referred to the Mediation Centre at Shimla.  To enable  the  respondent-wife
to travel to Shimla, a  further  amount  of  Rs.25,000/-  was  paid  to  the
respondent-wife by way of  demand draft.

4.          Expressing her consent for divorce and stating that  the  amount
of Rs.10,00,000/- deposited by the appellant in this Court be  paid  to  her
as permanent  alimony  and  also  as  maintenance  of  the  minor  son,  the
respondent has filed  affidavit.   In  the  affidavit,  the  respondent  has
stated as under:-

"It is most humbly submitted that in the interest  of  my  son  and  overall
bringing an end to the disputes, I am agreeable for a Divorce.  However  all
the allegations/contentions raised  in  Divorce  Petition  and  the  present
Special Leave Petition are denied.  The Appellant has made  bald  and  false
allegations in these Petitions.  In these circumstances, this Hon'ble  Court
may protect the interest of the Respondent  herein  by  recording  that  the
Divorce is being granted by mutual consent and accordingly pass  appropriate
orders in the interest of justice."

5.          Pursuant to the affidavit filed by the  respondent-wife,  taking
into consideration that the relationship between the  parties  are  strained
for quite a long time, judgments of both the courts below are set aside  and
this appeal is allowed.  In order to render justice between the parties,  in
exercise of our power under Article 142 of the Constitution  of  India,  the
marriage between the appellant and the respondent  is  dissolved  by  mutual
consent.  The amount of Rs.10,00,000/- lying  in  this  Court's  deposit  be
invested in the name  of minor son represented by the respondent in any  one
of the Nationalized Bank as  per  the  choice  of  the  respondent  till  he
attains majority.  The respondent is permitted to  withdraw  the  periodical
interest accrued thereon once in a year directly from the bank and the  same
shall be utilized for the welfare of the minor  son.   No  costs.   Copy  of
this judgment shall be sent to the District Judge, Solan, H.P.


..........................J.
          (V. Gopala Gowda)

                         ..........................J
          (R. Banumathi)
New Delhi;
March 10, 2015

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