FAO No. M-125 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-125 of 2010 (O&M) Date of decision : 11.10.2010 Dr. Suresh Bhagat ..... Appellant vs Dr. Bimla Bhagat ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sumeet Mahajan, Senior Advocate with Mr. Vaibhav Sehgal, Advocate, for the appellant. Mr. Sudhir Paruthi, 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 husband 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 17.9.1988 at Jalandhar. Out of the wedlock no child was born. Due to temperamental differences, the parties could not pull on together. They are living separately since August 1998. Number of efforts made for reconciliation failed. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Jalandhar on 24.12.2009. Thereafter, the 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 after number of meetings, the parties could not agree to live together and decided to part ways vide compromise dated 27.8.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members & friends. It was agreed that husband Suresh Bhagat will pay a sum of ` 13,00,000/- to wife Bimla Bhagat on account of permanent alimony as full & final settlement in two equal installments. It was also settled that they will file joint petition for dissolution of marriage by way of mutual consent. FAO No. M-125 of 2010 -2- Today both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties filed petition for dissolution of marriage by way of mutual consent. They have made joint statement before this court today, which is extracted as under:- “Our marriage was solemnised as per Hindu rites on 17.9.1988 at Jalandhar. Out of our wedlock no child was born. Due to the temperamental differences, we could not live together. We are living separate since August, 1998. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Jalandhar, under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage was dismissed on 24.12.2009. In appeal before this Hon'ble Court by the husband, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court where after number of meetings, the matter could not be reconciled and decided to part ways vide compromise dated 27.8.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members & friends. It was agreed that husband Suresh Bhagat will pay a sum of ` 13,00,000/- to wife Bimla Bhagat on account of permanent alimony as full & final settlement in two equal installments. As per agreement, we have filed petition under Section 13-B of the Act for grant of divorce by way of mutual consent. In 1st installment, a sum of ` 6,50,000/- has been paid by the husband to the wife on 29.9.2010 in court by way of two bank drafts, bearing nos. 537263 dated 13.9.2010 amounting to ` 1,00,000/- drawn on J&K Bank, Jammu and No. 000366 dated 8.9.2010 amounting to ` 5,50,000/- drawn on HDFC Bank Limited, Jammu. Today, the wife has received the remaining amount of ` 6,50,000/-, vide bank draft no. 000398 dated 1.10.2010, drawn on HDFC Bank Limited, Ludhiana. We will abide by the terms and conditions settled before the Mediation Centre in the High Court. The criminal complaint titled as “Dr. Bimla Bhagat vs. Dr. Suresh Bhagat and others” is pending in the Court of Ms. Tripatjot Kaur, JMIC, Jalandhar for 26.10.2010. The wife will withdraw the same on the next date fixed therein. FAO No. M-125 of 2010 -3- 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 wife has received ` 13,00,000/- from the husband, on account of permanent alimony as full and final settlement, in two equal installments i.e. ` 6,50,000/- on 29.9.2010, vide bank drafts, bearing nos. 537263 dated 13.9.2010 amounting to ` 1,00,000/- drawn on J&K Bank, Jammu and No. 000366 dated 8.9.2010 amounting to ` 5,50,000/- drawn on HDFC Bank Limited, Jammu and the remaining amount of ` 6,50,000/-, vide bank draft no. 000398 dated 1.10.2010, drawn on HDFC Bank Limited, Ludhiana today. They will abide by the terms and conditions settled before the Mediation Centre in this Court. The wife will withdraw the criminal complaint titled as “Dr. Bimla Bhagat vs. Dr. Suresh Bhagat and others” pending in the Court of Ms. Tripatjot Kaur, JMIC, Jalandhar on 26.10.2010. 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 marriage of Dr. Suresh Bhagat son of Shri K. C. Bhagat and Dr. Bimla Bhagat daughter of Shri Sain Dass. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 11.10.2010 (Rajesh Bindal) vs Judge