RAJ KUMAR RANA Vs RITA RATHORE
Bench: V. GOPALA GOWDA,R. BANUMATHI
Case number: C.A. No.-006161-006161 / 2010
Diary number: 11945 / 2009
Advocates: K J JOHN AND CO Vs
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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
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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
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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 3
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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
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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)
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……………………..J (R. Banumathi)
New Delhi; March 10, 2015
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