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Avinash Chand Sharma Vs. Tarun Bala Sharma - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtDelhi High Court
Decided On
Case NumberFirst Appeal No. 72 of 1983
Judge
Reported in1983(5)DRJ296
ActsHindu Marriage Act, 1955 - Sections 113
AppellantAvinash Chand Sharma
RespondentTarun Bala Sharma
Advocates: Jagat Singh and; S.C. Bisaria, Advs
Cases ReferredDaveder Singh v. LavleenKaur
Excerpt:
hindu marriage act, 1955 - section 13--divorce by compromise--parties entering in to compromise and making a request for a decree of divorce on the basis of compromise decree of divorced passed. parties bound by terms of compromise. - .....have entered into a compromise. they have presented a written application setting-forth the terms of compromise.(2) mr. basaria. counsel for the wife, says that the appeal of the husband may be allowed a decree for divorce may be passed. for the proposition that decree for divorce can be passed in these circumstances he has brought to my attention a judgment of the punjab high court in daveder singh v. lavleenkaur 1982 aihlr 135.(3) in view of the compromise and the pronouncements referred to in the said decision of the punjab high court, i allow the appeal and grant a decree of divorce on the basis of the compromise deed ex. a-1 which shall form part of the decree. the parties will be bound by the terms of the compromise.(4) a sum of rs. 29,000.00 has been paid by the husband to.....
Judgment:

A.B. Rohatgi, J.

(1) The parties have entered into a compromise. They have presented a written application setting-forth the terms of compromise.

(2) Mr. Basaria. counsel for the wife, says that the appeal of the husband may be allowed a decree for divorce may be passed. For the proposition that decree for divorce can be passed in these circumstances he has brought to my attention a judgment of the Punjab High Court in Daveder Singh v. LavleenKaur 1982 AIHLR 135.

(3) In view of the compromise and the pronouncements referred to in the said decision of the Punjab High Court, I allow the appeal and grant a decree of divorce on the basis of the compromise deed Ex. A-1 which shall form part of the decree. The parties will be bound by the terms of the compromise.

(4) A sum of Rs. 29,000.00 has been paid by the husband to the wife. Both of them are present in court. The husband has also handed over the ornaments to the wife in the presence of the court Other goods also will be delivered by the husband to the wife today in terms of the compromise.

(5) There will, however, be no order as to costs.


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