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indrawal Vs. Radhey Raman and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Case NumberFirst Appeal No. 454 of 1978
Judge
Reported inAIR1981All151
ActsHindu Marriage Act, 1955 - Sections 13B; Hindu Marriage (Amendment) Act, 1976
Appellantindrawal
RespondentRadhey Raman and anr.
Advocates:S.K. Misra, Adv.
DispositionAppeal dismissed
Excerpt:
family - dissolution of marriage - section 13b of hindu marriage act, 1955 - petition for divorce by husband decreed by trial court - appeal by wife against findings recorded by trial court against her - both parties want to dissolve marriage - held, decree for divorce by mutual compromise confirmed. - - being thus satisfied that the parties have adjusted the dispute between them by a lawful compromise, i order that the compromise be recorded and the appeal be dismissed......was filed by the husband on three grounds, namely, adultery, cruelty and desertion against the wife. the wife had, on the other hand, made counter-allegations against the husband. the trial court found in favour of the husband on all the three points and dissolved the marriage by a decree of divorce. the wife is the appellant. when asked by the court as to what she wanted to be done in the matter, she stated plainly that she herself did not want to live with the man and wanted divorce. all that she was aggrieved from were the findings recorded against her by the trial court. on this the husband was prepared not to press the allegations provided the decree for divorce was not disturbed and the wife, on her part, withdrew the allegations made by her against him. the result is that both.....
Judgment:

Deoki Nandan, J.

1. In this First Appeal which arises from a decree for divorce passed by the court of 1st Additional District Judge, Allahabad, under the Hindu Marriage Act, 1955, the parties were asked to personally appear in Court in order to enable me to bring about a settlement between the two. They appeared in Court yesterday and a settlement was arrived at between them, pursuant to which an application for compromise was filed. The compromise application was sent down to the Registrar for verification. It appears from the endorsement on the back of the first page of the compromise application that the respondent-husband stated before the Registrar that 'the children would remain with him, though the terms of the compromise say otherwise'. I questioned the husband today before me. He said that he had no objection to the children, who were a daughter aged 9 years and a son 7 years, continuing to remain with the wife even after the divorce, but he expressed his apprehensions about the liability to pay the expenses of the maintenance of the children. On this, it was explained to him that though under the terms of the compromise he could no longer be liable to pay anything for tke maintenance of the wife, he could, if demanded by the children, be required to pay for their maintenance in accordance with law. Having understood this position, the husband ultimately stated that he had no objection to the children continuing to remain in the custody of the wife.

2. Now the question is whether the compromise should be accepted and the matter decided in terms thereof. The petition for divorce was filed by the husband on three grounds, namely, adultery, cruelty and desertion against the wife. The wife had, on the other hand, made counter-allegations against the husband. The trial court found in favour of the husband on all the three points and dissolved the marriage by a decree of divorce. The wife is the appellant. When asked by the Court as to what she wanted to be done in the matter, she stated plainly that she herself did not want to live with the man and wanted divorce. All that she was aggrieved from were the findings recorded against her by the trial court. On this the husband was prepared not to press the allegations provided the decree for divorce was not disturbed and the wife, on her part, withdrew the allegations made by her against him. The result is that both the parties are agreed that the marriage between them should be dissolved. There does not appear to be any collusion between them. The policy of the law having undergone a change after the Marriage Laws (Amendment) Act, 1976, it is possible now to dissolve a marriage by agreement between the parties although none of the grounds, on which a marriage may be dissolved by a court, be found to exist. It cannot, therefore, be said that the compromise is in any manner unlawful. Being thus satisfied that the parties have adjusted the dispute between them by a lawful compromise, I order that the compromise be recorded and the appeal be dismissed.

3. The result is that the decree for divorce, dissolving the marriage between the parties, shall stand confirmed.

4. The appeal is dismissed. There will be no order as to costs.

5. The compromise application shall form part of the decree of this Court.


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