F.A.O. No. M-295 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. M-295 of 2008 Date of decision:30.05.2009 Urmila ...Appellant Versus Ajay Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. O.P.Goyal, Senior Advocate, with Mr. Varun Sharma, Advocate, for the appellant. Mr. Sanjay Mittal, Advocate for the respondent. ***** S.D.ANAND, J. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act against the appellant-wife, for dissolution of their marriage by a decree of divorce, which was allowed, vide judgment and decree dated 20.09.2008, by the learned Additional District Judge, Sonepat. The appellant-wife preferred an appeal against the impugned judgment and decree dated 20.09.2008. In appeal, the parties have arrived at a compromise and prayed for conversion of this appeal into a petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage by mutual consent. They have also filed a petition under Section 13-B of the Hindu Marriage Act (Civil Misc. No.13418-CII of 2009). Their plea for conversion of the appeal into a petition under Section 13-B of the Hindu marriage Act stands allowed. They have also made the following statement, in the presence of their learned counsel:- “Our marriage was solemnized on 15.02.2004. Thereafter, we lived together as husband and wife. No issue was born out of F.A.O. No. M-295 of 2008 -2- our union. We are living separately since May 2005. Finding that our marriage has irretrievably broken, we have arrived at a settlement which stands reproduced in compromise deed, which may be read as Annexure `A-1'. The terms and conditions of the settlement are indicated in the petition under Section 13-B of the Hindu Marriage Act, which we have filed in the Court. We shall abide by the terms and conditions thereof. In terms thereof, the appellant – wife has received today two pay orders (bearing Nos.923338 & 923339) for Rs.2.5 lac each. We also request that Annexure A-1 (copy of the agreement before the Mediation and Conciliation Centre at Delhi) may be taken on record. In the light thereof, our marriage may be dissolved by a decree of divorce by way of mutual consent. We shall have, henceforth, no claim against each other. Both the parties shall be legally bound to withdraw whatever litigations they have initiated against each other.” In view, thus, of the fact that the marriage between the parties was solemnized on 15.02.2004 and they have been residing separately for since May 2005 and further in view of their joint endeavour for mutual separation, the petition under Section 13-B of the Hindu Marriage Act stands allowed. The marriage between the parties shall stand dissolved with effect from the date of this order by a decree of divorce by mutual consent. The parties shall be bound by the terms and conditions contained in compromise Annexure A-1 which (Annexure A-1) shall form a part of the decree. The allowance of the plea shall enable them to start their life afresh. They shall, henceforth, have no claim whatsoever against each other. May 30, 2009 (S.D.Anand) vinod Judge