FAO No. M-152 of 2007 -1- In the High Court of Punjab & Haryana at Chandigarh CM No. 6623/CII of 2010 and FAO No. M-152 of 2007 (O&M) Date of decision : 1.4.2010 Roshan Lal Mittal ... Appellant vs Smt. Neelam .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vijay Sharma, Advocate, for the appellant. Mr. Amarjit Markan, Advocate, for the respondent. Rajesh Bindal J. This is a petition praying for grant of divorce by mutual consent filed under Section 13-B of the Hindu Marriage Act, 1955 (for short, “the Act”). Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu Rites on 26.7.1996 at Patiala. The marriage was consummated and two children, namely, Abhishek Mittal and Ankita Mittal were born out of the wedlock and they are living with the respondent. Today both the parties were present in Court. It is the admitted case of the parties that they are living separate since 15.5.1999. Petition for divorce was filed by the husband in the year 2001 initially on the ground of cruelty and desertion. Their joint statement was recorded before this court, in terms of which, it has been agreed that both the children will live with their mother and she has received past, present and future maintenance for herself and on behalf of children. She will not claim any amount as maintenance from the appellant Roshan Lal Mittal. There is no litigation either civil or criminal pending between the parties except the appeal mentioned above against the rejection of the divorce petition and one application under Section 125 Cr.P.C. at Patiala. The wife has agreed that she will withdraw the application under Section 125 Cr.P.C. The parties have no objection if a decree of divorce by way of mutual consent is passed. FAO No. M-152 of 2007 -2- The statement of both the parties was not found to be under any pressure or coercion. 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 Roshan Lal Mittal son of Late Shri Banarsi Dass Mittal, with Neelam daughter of Shri Hem Raj Gupta. The appeal stands disposed of accordingly. Decree sheet be prepared. 1.4.2010 ( Rajesh Bindal) vs. Judge