Consequently, an application was filed purported to be under Section 13B of the Hindu Marriage Act with a prayer to treat the divorce petition pending before the Family Court, Bombay as an application under Section 13B of the Act and treat the present application as second motion and grant divorce by way of mutual companysent.
In 2015, the respondent husband filed a suit for dissolution of marriage by a decree of divorce under Section 13 1 1a of the Hindu Marriage Act on the ground that the petitioner wife after solemnization of the marriage had companymitted various acts of cruelty.
The petitioner, therefore, moved an application before this Court for transfer of divorce suit pending before the Family Court Bombay to the Family Court at Hyderabad.
In the said application it was mentioned that petitioner wife is suffering life threatening disease and urgently requires funds for her medical treatment and also that she has to depend on herself for proper care.
The doctors recommended for an immediate surgery and chemotherapy ranging from 6 to 8 cycles of adjuvant.
The respondent husband had agreed to pay the said amount of Rs.12,50,000/ Twelve Lakhs Fifty Thousand only , by way of Bank draft in the name of the Registrar, Supreme Court, which shall be paid to the petitioner wife at the time of passing of decree of divorce by mutual companysent.
The transfer petition was listed before this Court on 28.08.2015, when, at the request of the companynsel for the parties, the matter was referred to Supreme Court Mediation Centre for amicable settlement.
On 17.11.2015, the case was adjourned at the request of the petitioner wife, to enable her to file additional documents in support of her case that she is suffering with life threatening disease.
In terms of the said Settlement Agreement, the respondent husband agreed to pay Rs.12,50,000/ Twelve Lakhs Fifty Thousand only towards full and final settlement as alimony, maintenance for past and future or any other claim of the petitioner.
On 6th November, 2015, the case was again listed along with the office report and Settlement Agreement.
It was a love marriage after both of them came in companytact with each other in October, 2006.
Before the Mediation Centre, a Settlement Agreement was filed on 26.10.2015.
Admittedly, the marriage of the petitioner with the respondent was solemnized in April, 2010 according to Hindu Vedic Rites.
In companypliance thereof additional documents have been brought on record.
At the time of marriage, the respondent husband was a bachelor and the petitioner wife was a divorcee.
The matter was adjourned to enable the parties to file appropriate application.
In 2013, some misunderstanding developed between the petitioner and the respondent as a result of which the petitioner left the house.
Admittedly, the petitioner is living in Hyderabad with her parents.
