FAO No. M-97 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-97 of 2010 (O&M) Date of decision : 5.4.2011 Smt. Anju Rani ..... Appellant vs Joginder Kumar ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. K. S. Banyana, Advocate, for the appellant. Mr. Amit Dhawan, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal filed by the wife is to the judgment and decree dated 29.1.2010 of the learned court below whereby petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was allowed. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 18.11.2000 at Chandigarh. One daughter namely Anshika, now aged 9 years and son Aniket now named Munish Kumar, now aged 6 years, were born out of the wedlock. Due to the temperamental differences, the parties could not live together. They are living separate since 14.9.2008. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Panchkula, under Section 13 of the Hindu Marriage Act, for grant of decree of divorce was allowed on 29.1.2010. Thereafter, the wife filed the present appeal before this court. During the pendency of appeal filed by the wife before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 1.11.2010. Thereafter, the petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. FAO No. M-97 of 2010 -2- Both the parties were present in person in court today. They have been identified by their respective counsels. In terms of the settlement, they have made statement before this court, which is extracted as under:- “Our marriage was solemnised as per Hindu rites on 18.11.2000 at Chandigarh. One daughter namely Anshika, now aged 9 years and son Aniket now named Munish Kumar, now aged 6 years, were born out of our wedlock. Due to the temperamental differences, we could not live together. We are living separate since 14.9.2008. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Panchkula, under Section 13 of the Hindu Marriage Act, for grant of decree of divorce was allowed on 29.1.2010. During the pendency of appeal filed by the wife before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 1.11.2010. As per compromise, the parties decided to part ways. The wife is not claiming any amount towards the permanent alimony. The children who are residing with the husband will remain with him and the wife will not claim any visiting rights. We will not indulge each other or their family members in any litigation in future relating to the matrimonial dispute. We have no objection if a decree of divorce by way of mutual consent is passed.” It has been agreed between the parties that both children will remain in the custody of the father and wife will not claim their custody at any stage. The wife is not claiming any amount towards the permanent alimony. They will not indulge each other in any litigation in future concerning the marriage and have no objection if a decree of divorce by way of mutual consent is passed. FAO No. M-97 of 2010 -3- In view of the above, the appeal is disposed of and a decree of divorce by way of mutual consent is passed, dissolving the marriage of Smt. Anju Rani daughter of Late Shri Kam Singh and Joginder Kumar son of Shri Joti Ram. The judgment of learned Court below is modified to the extent mentioned above. Decree sheet be prepared. 5.4.2011 (Rajesh Bindal) vs Judge