FAO No. M-216 of 2007 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-216 of 2007 (O&M) Date of decision : 28.10.2010 Vinod ..... Appellant vs Smt. Mukesh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rakesh Nehra, Advocates, for the appellant. Mr. S. N. Pillania, 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 per Hindu rites on 25.11.2001. Out of the wedlock, no child was born. Due to temperamental differences, the parties could not pull on together. They are living separate since April, 2003. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge (Adhoc), Fast Track Court, Rohtak, on 25.7.2007. Thereafter, he 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 30.9.2010. 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 on 25.11.2001. Out of our wedlock no child was born. Due to the temperamental differences, we could not live together. FAO No. M-216 of 2007 -2- We are living separate since April 2003. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge (Adhoc), Fast Track Court, Rohtak, under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage was dismissed on 25.7.2007. In appeal before this 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 the parties decided to part ways vide compromise dated 30.9.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members. It was also decided that they will file an application for converting the pending appeal into a petition under Section 13-B of the Act. Both the parties will not claim anything whatsoever against each other. The wife will not claim any sort of maintenance on any account from the husband. 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 is not claiming any maintenance from the appellant husband. The parties will withdraw all civil and criminal cases filed by them against each other. 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 Vinod son of Om Singh and Smt. Mukesh daughter of Jagdish Malik. The judgment of learned counsel below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared. 28.10.2010 (Rajesh Bindal) vs Judge