Mukesh Joshi v. Manju Lata Joshi

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

¶1Parties 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.

¶2Parties have produced the following Identity proof:

¶3Respondent, 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.

¶4Parties 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.

¶5The undertaking of the parties is accepted. Parties are bound down to the statement given to the Court.

¶6Learned 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').

¶7In 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.

¶8Parties 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.

¶9On 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.

¶10The appeal is disposed of in the above terms.

¶11Order Dasti under signatures of the Court Master.

[[[[ SANJEEV SACHDEVA, J

MANOJ JAIN, J MAY 10, 2023/swati

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 10.05.2023 MAT.APP.(F.C.) 42/2023 + MAT.APP.(F.C.) 42/2023 MUKESH JOSHI ..... Appellant versus MANJU LATA JOSHI ..... Respondent Advocates who appeared in this case: 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. CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN