FAO No. M-191 of 2008 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-191 of 2008 (O&M) Date of decision : 20.7.2010 Narinder Kumar ..... Appellant vs Smt. Rekha ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. L. M. Gulati, Advocate, for the appellant. Ms. Harmanpreet Kaur, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment and decree 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. During the pendency of the appeal, the same was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 21.2.2000 at Shanti Palace, Batala. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate for the last eight years. Petition filed by the husband in the year 2004 for dissolution of marriage was dismissed by the learned Additional District Judge (Adhoc) Fast Track Court, Gurdaspur, on 30.5.2008. Thereafter, the appellant husband 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 12.11.2009. Their statements regarding settlement are as under:- Statement of Narinder Kumar- appellant. “I am ready to settle my dispute and to pay a sum of Rs. 8,50,000 (eight lacs fifty thousands only) to Rekha, daughter of Sh. Rajinder Parshad Chattrath, R/o B-XXIV- 346, Gali No. 2, Ram Nagar Mohalla Batala, Tehsil and District Gurdaspur, out of which Rs. 2,00,000 (two lacs FAO No. M-191 of 2008 -2- only) as first installment on 25.11.2009, Rs. 3,000,00 (three lacs only) will be paid to Rekha on or before 31.3.2010 and third and final installment of Rs. 3,50,000/- (three lacs and fifty thousands only) on 25.05.2010 as full and final settlement of all my disputes and all claims (present and future) with Rekha. All these payments will be made by way of bank drafts payable at Batala.” Statement of Smt. Rekha- respondent. “I am ready to settle, all my dispute and accept an amount of Rs. 8,50,000 (eight lacs fifty thousands only) as full and final settlement of my dispute and all claims- present and future, I will take back all my cases which are pending before any Court of law. After receiving the full payment at Rs. 8.5 lacs. After receiving my first installment, i.e., Rs. 2,00,000/- (two lacs), I along with Sh. Narinder Kumar will move appropriate joint petition for mutual divorce under Section 13B of the HMA. The 1st party can move an appropriate petition for quashing the criminal proceedings under Section 482 of the Criminal Procedure Code. The 2nd party would be bound to make statement of quashing of criminal proceedings after receiving full and final payment of Rs. 8.5 lacs.” Today both the parties are present in person. They have been identified by their respective counsels. As agreed between the parties on the previous date of hearing, the husband appellant has handed over a bank draft no. 983556 dated 24.5.2010 amounting to ` 3,50,000/- drawn at Punjab National Bank, payable at Batala, to the respondent wife as final installment. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Hindu Rites on 21.2.2000 at Shanti Palace, Batala. No child was born out of our wedlock. We are living separate for last eight years. During the pendency of the appeal, the matter in dispute was settled in Mediation and Conciliation Centre in the High Court on 12.11.2009 where statements of the parties were recorded separately. As per the settlement, the husband was to pay a sum of Rs. 8,50,000/- to the wife. A sum of Rs. 5,00,000/- was paid by the husband to the respondent wife in two installments as per agreement. FAO No. M-191 of 2008 -3- Today a sum of Rs. 3,50,000/- has been paid in the court by way of bank draft no. 983556 dated 24.5.2010 drawn at Punjab National Bank, payable at Batala, by the husband to the respondent wife as final installment. The wife undertook not to claim anything as past, present and future maintenance from the husband. The parties also agreed to convert the present proceedings for getting a decree of divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act. The wife has also agreed to withdraw all the pending cases against the husband and his family members. We have no objection if a decree of divorce by way of mutual consent is passed.” The parties have settled their disputes amicably and got their statement recorded to this effect, which was not found to be under any pressure or coercion. The husband has paid the entire amount to the wife as per the aforesaid settlement. 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 Narinder Kumar son of Om Parkash and Smt. Rekha daughter of Rajinder Parshad Chatrath. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 20.7.2010 ( Rajesh Bindal) vs Judge