FAO No. M-95 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-95 of 2009 (O&M) Date of decision : 17.8.2010 Manjit Kaur ..... Appellant vs Shabeg Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Harchand Singh Batth, Advocate, for the appellant. Ms. Sukhpreet Kaur, 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 respondent under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was allowed. 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 (Anand Karaj) in January 1992 at Tarn Taran. One male child, namely, Jagdish Singh was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since January 1998. Petition filed by the husband on 27.5.2005 for dissolution of marriage was allowed by the learned Additional District Judge, Tarn Taran, on 6.3.2009. Thereafter, the appellant wife 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 5.7.2010. The settlement arrived at between the parties is as under:- “(1) That the appellant – Manjit Kaur will not press the appeal, and decree of divorce will be treated as final between the parties. (2) That parties also agreed to withdraw the cases filed against each others, Revision petition filed by Manjit Kaur against the order in proceedings under Section 125 FAO No. M-95 of 2009 -2- Cr.P.C. is pending in the Hon'ble Court, she will withdraw that petition on the date fixed or prior thereto. (3) Suit for injunction filed by Jagdish Singh through her mother Manjit Kaur pending in the Court of Sub-Judge, Tarn Taran will also be withdrawn by Manjit Kaur. The counsel for the appellant will give certificate in this regard that the compromise between the parties is in the interest of their minor son namely Jagdish Singh. (4) The respondent-Shabeg Singh will bring two drafts of Rs. 3 Lacs each in favour of Manjit Kaur- appellant and Jagdish Singh son of appellant and respondent, who is stated to be minor. The two drafts will be given to the appellant on the date fixed before this Hon'ble Court i.e. On 06.08.2010. (5) The parties will not claim anything except the aforesaid amount which will be treated as full and final settlement between the parties. The appellant- Manjit Kaur or her minor son Jagdish Singh will not claim anything against the respondent in future. (6) The parties have gone through the contents and the same have been explained to the parties and after admitting the same as correct, have put their respective signatures.” Today both the parties are present in person in court. They have been identified by their respective counsels. As agreed between the parties, they have filed petition for dissolution of marriage by way of mutual consent. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Hindu rites in January 1992 at Tarn Taran. One male child was born out of the wedlock. We are living separate since January, 1998. Number of efforts made for reconciliation failed. A petition filed by the husband before the Court at Tarn Taran, under Section 13 of the Hindu Marriage Act, 1955 (for short,”the Act”) for dissolution of marriage, was allowed on 6.3.2009. During the pendency of appeal before this Court, the matter in dispute was compromised before the Mediation and Conciliation Centre in the High Court and the parties decided to part ways. As per the settlement, the appellant-wife has received total amount of ` 6 lacs FAO No. M-95 of 2009 -3- vide two pay orders bearing No. 431668-431669 of ` 3 lacs each in favour of Manjit Kaur and Jagdish Singh son of Manjit Kaur, respectively drawn on OBC, Tarn Taran, today in Court as full and final settlement towards her claim as permanent alimony. The minor child will remain with the mother. It is also agreed that the wife will withdraw all the cases lodged against the husband and his family members. 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 has received ` 6 lacs for herself and on behalf of minor son Jagdish Singh, as agreed between the parties. The parties will withdraw all civil and criminal litigation pending between them. 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 Manjit Kaur daughter of Rachpal Singh and Shabeg Singh son of Mukhtiar Singh. The judgment of learned counsel below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared. 17.8.2010 (Rajesh Bindal) vs Judge