FAO No. M-129 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-129 of 2010 (O&M) Date of decision : 13.9.2010 Raminder Singh ..... Appellant vs Harinder Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. P. S. Bajwa, Advocate, for the appellant. Mr. J. B. S. Gill, 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 Sikh rites on 2.12.2005 in Maharaja Palace at Adampur. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since 24.10.2006. Petition filed by the appellant husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge (Adhoc) Fast Track Court, Hoshiarpur, on 29.1.2010. 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 17.8.2010. As per settlement, both the parties decided to part ways and settled all the disputes. The appellant had deposited the demand draft bearing no. 046194 dated 24.8.2010 amounting to ` 11,00,000/-, drawn on Union Bank of India, Branch Adampur, District Hoshiarpur, in this court on 26.8.2010 towards the permanent alimony to be paid to the wife as past, present and future maintenance. It was also agreed between the parties, that they will withdraw the civil and criminal litigation filed by them against each other and their respective family members. FAO No. M-129 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 Sikh rites (Anand Karaj) on 2.12.2005 in Maharaja Palace at Adampur. No child was born out of our wedlock. Due to the temperamental differences, we could not live together. We are living separate since 24.10.2006. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge (Adhoc) Fast Track Court, Hoshiarpur, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed on 29.1.2010. In appeal before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court where after number of meetings, the parties could not reconcile and decided to part ways vide settlement dated 17.8.2010. As per the settlement, the appellant husband will pay a sum of ` 11,00,000/- (Rupees Eleven lacs) to the respondent wife as permanent alimony in full and final settlement by way of bank draft. Both the parties will withdraw all the cases filed by them against each other. 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 aforesaid demand draft amounting to ` 11,00,000/- has been received by the respondent wife towards permanent alimony. 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 Raminder Singh son of Gurcharan Singh and Harinder Kaur daughter of Tarsem Singh. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 13.9.2010 (Rajesh Bindal) vs Judge