FAO No. M-340 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-340 of 2009 (O&M) Date of decision : 8.9.2010 Manjinder Kaur ..... Appellant vs Gurbeer Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Gurmeet Singh, Advocate for Mr. L. M. Gulati, Advocates, for the appellant. Mr. Pardeep Singh, Advocate for Mr. H. S. Baath, 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 Sikh rites (Anand Karaj) on 14.11.2005 at Patti. Due to temperamental differences, the parties could not pull on together. They are living separate for the last four years. Petition filed by the wife for dissolution of marriage was dismissed by the learned Additional District Judge, Amritsar, on 8.9.2008. Thereafter, she 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 25.5.2010. The settlement arrived at between the parties is as under:- “1. The appellant/wife shall withdraw all the cases filed against the respondent/husband and his family members pending before the Trial Court as well as learned Lower Appellate Court. 2. If there is any case filed by the respondent/husband FAO No. M-340 of 2009 -2- and his family members, he/they shall also withdraw all the cases related to this marriage. 3. The appellant wife has agreed that she will not claim any maintenance from respondent/husband in lieu of this settlement. 4. Both the parties have given consent that if the present appeal is accepted by the Hon'ble High Court, the respondent/husband would not raise any objection.” 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 Sikh rites (Anand Karaj) on 14.11.2005 at Patti. Due to the temperamental differences, we could not live together. We are living separate for the last four years. Number of efforts made for reconciliation failed. Petition filed by the wife before the Additional District Judge, Amritsar, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed on 8.9.2008. In appeal before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court where after number of meetings, the parties could not reconcile and decided to part ways vide settlement dated 25.5.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other. It was also agreed that the wife will not claim any maintenance from the respondent 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 respondent 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. FAO No. M-340 of 2009 -3- 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 Manjinder Kaur daughter of late Lakhbir Singh and Gurbeer Singh son of Balkar Singh. The judgment of learned counsel below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared. 8.9.2010 (Rajesh Bindal) vs Judge