FAO No. M-329 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-329 of 2009 (O&M) Date of decision : 18.5.2010 Smt. Anita Devi ..... Appellant vs Thandi Ram ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Yogesh Dagar, Advocate, for the appellant. Mr. Chanchal K. Singla, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu Rites on 23.3.1995 at Village Nizampur, Tehsil and District Panipat. The marriage was consummated and two daughters and one son were born out of the wedlock and they are living with the appellant mother. Due to temperamental differences, the parties could not pull on together. Petition filed by the appellant wife in the year 2005 for dissolution of marriage was dismissed by the learned Additional District Judge, Panipat, on 11.8.2009. Thereafter, the appellant filed appeal before this court. During the pendency of the appeal before this court to explore possibility of reconciliation, the matter was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 30.3.2010. The following terms were settled :- “(i) Both the parties have agreed to file for Divorce on the ground of mutual consent. (ii) Anita Devi has agreed to pay an amount of Rs. 1.80 lacs to Thandi Ram in lieu of grant of divorce.' (iii) 50% of the agreed amount will be paid to Thandi Ram at the time of filing of the Divorce petition & the remaining amount shall be paid at the time of grant of decree of divorce. FAO No. M-329 of 2009 -2- (iv) Both the parties have agreed not to file any case against each other before any court of law. (v) Anita Devi has agreed to withdraw all the pending cases against Thandi Ram and not to file any case for grant of maintenance for her or on behalf of her children. In token of the above said compromise the parties along with their counsels have their signatures in confirmation of the above. And on the basis of the above mentioned compromise the case file be sent back to the Hon'ble High Court.” Today also joint statement of the parties to this effect has been recorded separately. The statement of both the parties was not found to be under any pressure or coercion. They still endorse the settlement arrived at before the Mediation and Conciliation Centre in the High Court. Considering the aforesaid facts and finding the statement to be bonafide, a decree of divorce by way of mutual consent is passed, dissolving the marriage of Thandi Ram son of Sham Lal and Anita Devi daughter of Mange Ram, resident of Preet Vihar, Behind Darpan Cinema, Panipat. The appeal stands disposed of accordingly. Decree sheet be prepared. 18.5.2010 ( Rajesh Bindal) vs Judge