FAO No. M-189 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. M-189 of 2010 (O&M) Date of decision : 5.1.2011 Harpinder Singh ..... Appellant vs Sarabjit Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S. S. Rangi, Advocate, for the appellant. Mr. Bhuwan Luthra, 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 husband 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 on 18.1.2003 as per Sikh rites at Village Rupa, Tehsil Samrala, District Ludhiana. Out of the wedlock one child, namely, Simranjot Singh, was born. Due to temperamental differences, the parties could not pull on together. They are living separate since May 2006. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Ludhiana, on 8.8.2009. Thereafter, the appellant 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 23.11.2010. As per compromise, the son, namely, Simranjot Singh will remain in the custody of the father. The husband has paid a sum of ` 1,75,000/- before the trial court and ` 3,00,000/- in this court vide bank draft no. 157912 dated 26.11.2010 drawn on Bank of Baroda, Khanna, as full and final settlement towards permanent alimony to the wife. Both the parties will abide by the settlement arrived at before the Mediation and Conciliation Centre in the High Court on 23.11.2010. FAO No. M-189 of 2010 -2- 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 Sikh rites on 18.1.2003 at village Rupa, Tehsil Samrala, District Ludhiana. Out of our wedlock one son, namely, Simranjot Singh was born on 16.1.2004. Due to the temperamental differences, we could not live together. We are living separate since May, 2006. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Ludhiana, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 8.8.2009. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 23.11.2010 before the Mediation and Conciliation Centre in the High Court. As per compromise, the parties decided to part ways. As per the settlement, the parties have withdrawn all the cases filed by them against each other and their respective family members. The child, namely, Simrajot Singh, will remain in the custody of the father. As per the compromise, the husband has paid a sum of ` 1,75,000/- before the trial court and ` 3,00,000/- in this court vide bank draft no. 157912 dated 26.11.2010 drawn on Bank of Baroda, Khanna, as full and final settlement towards permanent alimony. Both the parties will abide by the terms of settlement arrived at before the Mediation and Conciliation Centre in the High Court on 23.11.2010. 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 a sum of ` 4,75,000/- as full and final settlement towards permanent alimony. The parties have withdrawn all civil and criminal cases filed by them against each other. The custody of the son will remain with the father. The parties will abide by the by the terms of settlement arrived at before the Mediation and Conciliation Centre in the High Court on 23.11.2010. They have no FAO No. M-189 of 2010 -3- 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 Harpinder Singh son of Baldev Singh and Sarabjit Kaur daughter of Surinder Singh. The judgment of learned Court below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared. 5.1.2011 (Rajesh Bindal) vs Judge