Last mail
1. If you feel it is an Agreement as you say then why didn’t you Execute it via Execution Court! In my opinion it is a simple STATEMENT of parties recorded thus becoming material records of the court!!!!!
2. Ld. Ladyship is a Principal Judge (PJ) not DJ as made out so far by you!
3. You may do as it pleases you, enough detailed advise have been given on supposed contempt of court order and BTW in case you and your lawyer donot know then Family Court established under Family Court Act, 1984 can't take CONTEMPT of COURT at all as per Rules! Least Ld. PJ will reprimand endlessly to her in your presence in open court to levitate your ego but ld. PJ is smart she wants this MCD to be done with-in her Court Jurisdiction so the issue will come back on a fundamental que. ‘did you bring petition for MCD kya “!.
4. Below is assumingly Ladyships Order which you may be confusing about anyhow it is your case and mentioned here without prejudice to any sub-judice proceedings before any Court and may not be correct one and does not require any further clarification in open forums as it is assumptions basis;
26-05-2011
Present: Applicant wife with ld. Counsel
Defendant Husband with ld. Counsel
Efforts for reconciliation made by talking to both the parties resulted into will to proceed with compromise of all their issues amicably. Parties submits that they have been not living together since long and there is no possibilities of their living together and have made up their mind for dissolution of their marriage. Joint statements of the parties is recorded separately.
Put up for Order at 4 PM.
Sd/-
Ms. XXXX
XX, Family Court, XXX
At 4.40 PM
Present: None
From the averments made in open Court of both the parties as well as documents placed on record, it has come to record that the parties were married to each other on xx.xx.xxxx at xxx place according to Hindu rites and ceremonies; marriage was consummated and one daughter namely Anuradha Prasad was born out of the wedlock on xx.xx.xxxx. It also stands established that on account of temperamental differences, the parties have been living separately since xx.xx.xxxx i.e. for more than one year and have not been able to live together since then. From their statements, I am satisfied that they have voluntarily decided to part ways amicably and seek dissolution of marriage by mutual consent in terms of settlement recorded today in their joint statement. I am also satisfied that their consent has not been obtained by any fraud, force, coercion or undue influence.
In view of the above, this S. 125 CrPC application stands disposed and parties are required to furnish petition under S. 13B (1) of the Hindu marriage Act, 1955 before this Court by withdrawing earlier filed S. 13 (1) (ia) HMA petition pending before ld. ADJ, KKD Courts as per terms of settlement arrived at today in this Court.
File be consigned to record room.
Come for purpose on xx.xx.xxxx
Announced in open court.
Date: 26-05-2011
Sd/-
Ms. XXXX
XX, Family Court, XXX
Joint statement of 1. Ms. XX, W/o XX, R/o XX
AND
2. Mr. XX, S/o, R/o
We got married on xx.xx.xxxx at XX place according to Hindu rites and ceremonies. After marriage, we both resided together as husband and wife at XX place. The marriage was consummated and one female child namely Anuradha Prasad was born out of the wedlock on xx.xx.xxxx who is in care and custody of applicant / wife. We have been living separately since xx.xx.xxxx and have not been able to live together since then. We have not cohabited with each other ever since the day of separation. There is no possibility of our living together again as husband and wife, on account of temperamental differences. Efforts for reconciliation and resolution of differences made by us, family members and well wishers have failed.
We have amicably resolved all our disputes with respect to stridhan, permanent alimony, maint. as well as custody of minor child with the intervention of FC, DWK Courts during the proceedings under S. 125 CrPC. A settelement dated 26-05-2011 has been executed between both of us. Copy of same is Ex. PX. As per settlement defendant ./ husband will pay DD of Rs. 2 Lacs at first motion and Rs. 5 lacs during second motion in full and final settlement of all her claims of stridhan, maint. permanent alimony and the maint. of the minor child. It has been further agreed by applicant/wife that on each 2nd. and 4th. Sundays she will grant visitation rights access of parties minor child to natural father for xxx hrs. specifically from xx pm to xx pm at xxx place.
The defendant/husband shall withdraw his divorce petition bearing no. HMA XXX / XXXX under S. 13 (1) (ia) H.M. Act, 1955 which was pending before the ld. Court of APJ, KKD, Courts before filing joint petition for divorce under mutual consent divorce before this Court. The applicant/wife has agreed to withdraw her execution proceeding pending under S. 24 HMA before the ld. Court of ADJ, KKD, Courts before filing joint petition for divorce under mutual consent divorce.
We both undertake not to file any case/complaint against each other/respective family members at any point of time in future with regard to this marriage.
We have made the above statement out of our own free will and without any threat, duress, coercion or any kind of pressure from any corner.
We pray that we may be allowed to approach this Court under S. 13 B (1) HMA to dissolve our marriage under MCD.
RO & AC
Sd/-
defendant / husband
Identified by:
ld. counsel to defendant / husband
Enrollment no.:
Sd/-
applicant / wife
Identified by:
ld. counsel to applicant / wife
Enrollment no.:
Sd/-
Ms. XXXX
XX, Family Court, XXX
26-05-2011