CM No.7643-CII of 2011 1 in/and FAO No.M-234 of 2010 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.7643-CII of 2011 in/and FAO No.M-234 of 2010(O & M) Date of Decision:12.10.2011 Baljeet Kaur .....petitioner No.1 and Parminderjeet Singh .....petitioner No.2 CORAM: HON'BLE MR.JUSTICE S.S.SARON HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK Present: Mr.Rajesh Bhateja, Advocate with Baljeet Kaur, petitioner No.1 in person Mr.Karamjit Singh, Advocate for Mr.P.S.Dhaliwal, Advocate with Parminderjeet Singh, petitioner No.2 in person *** S.S.SARON, J.: The marriage between the parties was solemnized on 29.11.1999 by way of Anand Karaj Ceremony. Baljeet Kaur (petitioner No.1) on 02.12.2008, filed a petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') seeking dissolution of her marriage with the petitioner No.2-Parminderjeet Singh by a decree of divorce on the ground that petitioner No.2 had treated her with cruelty; besides, he had, without reasonable cause,deserted her in October 2005. The petition of petitioner No.1 was dismissed by the learned Additional District Judge, Moga, vide judgement and decree dated 04.02.2010. Aggrieved against the same, Baljeet Kaur(petitioner No.1) filed FAO No.M-234 of 2010, in this Court. CM No.7643-CII of 2011 2 in/and FAO No.M-234 of 2010 (O & M) Notice of motion was issued by this Court on 29.07.2010. The matter was referred to the Mediation and Conciliation Centre functioning in the High Court premises. In the proceedings before the Mediation and Conciliation Centre of this Court, the parties decided to part ways amicably. Accordingly, the terms of settlement were recorded by the Mediator on 23.02.2011. In consequence of the settlement, CM No.7642-CII of 2011 under Order 6 Rule 17 read with Section 151 CPC was filed for amendment of the divorce petition under Section 13 of the Act and converting the same to a petition under Section 13-B of the Act. The same was allowed by this Court on 31.03.2011 and the amended petition (CM No.7643-CII of 2011) under Section 13-B of the Act was taken on record. The parties were asked to appear in Court on 06.04.2011. On 06.04.2011, the case was adjourned for today for appearance of the parties. Both the parties are present and their statements have been recorded separately. Baljeet Kaur (petitioner No.1) in her statement has stated that she was married with petitioner No.2 Parminderjeet Singh on 29.11.1999. They have been living separately since October 2005, besides, there is no possibility of her living with Parminderjeet Singh as husband and wife and therefore, they want divorce with mutual consent. She has accepted her affidavit dated 18.03.2011, which was exhibited as Ex.A-1. She also accepted the compromise recorded on 23.02.2011, which was exhibited as Ex.A-2. Parminderjeet Singh(petitioner No.2) in his statement has also accepted his affidavit dated 18.03.2011 which was exhibited as Ex.A-3. He also accepted the compromise dated 23.02.2011, which was exhibited as Ex.A-2. Both the parties have stated that they want divorce from each other, besides, they shall remain bound by the terms CM No.7643-CII of 2011 3 in/and FAO No.M-234 of 2010 (O & M) and conditions of the compromise dated 23.02.2011 (Ex.A-2). We have given our thoughtful consideration to the matter. The marriage between the parties was solemnized on 29.11.1999. They have been living separately since October 2005. Both the parties have stated that they want divorce by mutual consent. The petition under Section 13-B of the Act was taken on record on 31.03.2011 when the amendment of the petition was allowed. A period of six months has lapsed, after the filing of the petition under Section 13-B of the Act. Both the parties have unequivocally stated that they want divorce. Therefore, we are satisfied that the marriage between the parties is liable to be dissolved by a decree of divorce by mutual consent. Accordingly, the appeal is allowed, the judgement and decree of the learned Trial Court is set aside as the parties have decided to dissolve their marriage by mutual consent and the petition under Section 13-B of the Act filed by Baljeet Kaur (petitioner No.1) and Parminderjeet Singh (petitioner No.2) is accepted and the marriage between the parties is dissolved by a decree of divorce by mutual consent. The parties shall remain bound by the terms and conditions of the compromise reached at between the parties on 23.02.2011 (Ex. A-2). There shall be no order as to costs. (S.S.SARON) JUDGE (RAMESHWAR SINGH MALIK) JUDGE 12.10.2011 neenu