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CASE NO.: Transfer Petition (civil)  355 of 2007

PETITIONER: JASMEET KAUR

RESPONDENT: JASPREET SINGH

DATE OF JUDGMENT: 29/02/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R

TRANSFER PETITION(C) NO.355 OF 2007

       This transfer petition is filed by the wife. It appears that a decree of divorce  has already been granted by the Family Court. What is pending at Family Court,  Hardwar is an application filed under Order 9 Rule 13 CPC by the petitioner to set  aside the divorce decree.          Pursuant to our notice the respondent appears.  Learned counsel for the  respondent stated that the respondent is now remarried and having a child from the  second wife.          In the facts and circumstances of this case, in our view, the only relief that can  be granted to the petitioner is by way of awarding compensation/maintenance  allowance.          Situated as such, we invoked our power under Article 142 in order to do  complete justice to the parties. We direct the respondent-husband to give a lump  sum compensation    of   Rs.2,00,000/-   (two lakhs)  to   the

                       : 2 : petitioner-wife.  The payment of compensation shall be made  within  six  months   from today. If the payment is not made within the stipulated time, it will carry an interest at the rate of 9% per annum from  the due date till the payment is made. The application under Order 9 Rule 13 CPC  pending before the Family Court, Hardwar shall stand dismissed.         The transfer petition is disposed of accordingly.