FAO No. M-115 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-115 of 2010 (O&M) Date of decision : 9.11.2010 Monika ..... Appellant vs Parvinder Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. J. S. Cooner, Advocate, for the appellant. Mr. Vipin Mahajan, 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 matter between the parties was compromised. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 20.5.2005 at Ambala. Out of the wedlock, one male child, namely, Rajwinder Singh, was born, who is living with the mother. Due to temperamental differences, the parties could not pull on together. They are living separate since 2008. Petition under Section 13 of the Act filed by the husband for dissolution of marriage was allowed by the learned Additional District Judge, Patiala, on 7.1.2010. Thereafter, the 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 30.8.2010. As per the said settlement, the husband has paid a sum of ` 6,50,000/- to the appellant wife towards permanent alimony for her and for the minor child, out of which ` 2,00,000/- was deposited before the Mediation and Conciliation Centre in the High Court and ` 4,50,000/- was paid in Court today. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Hindu rites on 20.5.2005 at Ambala. Out of our wedlock one male FAO No. M-115 of 2010 -2- child, namely, Rajwinder Singh was born. Due to the temperamental differences, we could not live together. We are living separate since 2008. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Patiala, under Section 13 of the Hindu Marriage Act for dissolution of marriage was allowed on 7.1.2010. During the pendency of appeal before this court by the wife, the matter in dispute was compromised. As per the said compromise, the parties decided to part ways vide compromise dated 30.8.2010. The wife will withdraw the appeal filed in the High Court against the judgment and decree dated 7.1.2010. Both the parties will withdraw the cases filed by them against each other and the family members. As per the compromise, the husband will pay a sum of ` 6,50,000/- to the wife on account of permanent alimony for her and also for the minor son. The husband had paid a sum of ` 2,00,000/- to the wife before the Mediation and Conciliation Centre in the High Court. Today, she has received ` 4,50,000/-; vide demand draft no. 213210 dated 25.10.2010 for a sum of ` 2,00,000/-, ` 1,50,000/- vide demand draft no. 213231 dated 8.11.2010 and ` 1,00,000/- in cash on account of permanent alimony for herself and for the minor child. The husband has agreed to get the duplicate papers of the motorcycle prepared and to hand over the same to the appellant wife. The husband has filed CRM No. M-32750 of 2010 for quashing of FIR No. 158 dated 9.7.2008 got registered by the wife against him and his family members under Sections 406, 498-A IPC with Police Station, Baldev Nagar, Ambala City, on the basis of compromise, which is fixed for 22.11.2010. The wife undertakes to appear on the said date in the Court and make statement in this regard.” In view of the settlement arrived at between the parties and their aforesaid statement, the request of the appellant to withdraw the present appeal is FAO No. M-115 of 2010 -3- accepted and the appeal is dismissed as withdrawn. The amount of ` 2,00,000/- deposited with the Registry of this court be handed over to the wife by demand draft under proper receipt and identification. 9.11.2010 (Rajesh Bindal) vs Judge