FAO No. M-148 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. M-148 of 2010 (O&M) Date of decision : 11.11.2010 Dilraj Singh ..... Appellant vs Sukhwinder Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vipin Mahajan, Advocates, for the appellant. Mr. Kuldip Sanwal, 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 Sikh rites on 26.11.2001 at Dhariwal, District Gurdaspur. Out of the wedlock two children were born. Due to temperamental differences, the parties could not pull on together. They are living separate since April 2007. Petition filed by the husband for dissolution of marriage was dismissed by the learned District Judge, Gurdaspur, on 11.1.2010. Thereafter, he 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 7.9.2010. As per compromise, both children, namely, Jashandeep Singh and Simranjeet Kaur will remain in the custody of the mother. The husband has paid a sum of ` 14,00,000/- as full and final settlement towards permanent alimony, out of which ` 6,00,000/- have been paid to the wife, and ` 4,00,000/- each have been deposited in the bank in the name of the children. Both the parties will abide by the settlement dated 7.9.2010. It was also decided that the parties will withdraw all the cases filed by them against each other and their respective family members. FAO No. M-148 of 2010 -2- Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Sikh rites on 26.11.2001 at Dhariwal, District Gurdaspur. Out of our wedlock two children were born. Due to the temperamental differences, we could not live together. We are living separate since April, 2007. Number of efforts made for reconciliation failed. Petition filed by the husband before the District Judge, Gurdaspur, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 11.1.2010. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 7.9.2010 before the Mediation and Conciliation Centre in the High Court. As per compromise, the parties decided to part ways. As per the settlement, the parties have withdrawn all the cases filed by them against each other and their respective family members. Both children, namely, Jashandeep Singh and Simranjeet Kaur, will remain in the custody of the mother. As per the compromise, the husband has paid a sum of ` 14,00,000/- as full and final settlement towards permanent alimony, out of which ` 6,00,000/- have been paid to the wife, and ` 4,00,000/- each in the name of the children. Both the parties will abide by the settlement dated 7.9.2010. 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 parties have withdrawn all civil and criminal cases filed by them against each other. The custody of both the children will remain with the mother. No party will claim any right regarding custody, visiting rights or maintenance of the children in future. The parties will abide by the settlement dated 7.9.2010. They have no objection if the decree of divorce by way of mutual consent is passed. Considering the aforesaid facts and finding the statement to be bonafide, a decree of divorce by way of mutual consent is passed, dissolving the FAO No. M-148 of 2010 -3- marriage of Dilraj Singh son of Charanjit Singh and Sukhwinder Kaur daughter of Dalbir Singh. The judgment of learned Court below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared. 11.11.2010 (Rajesh Bindal) vs Judge