FAO No. M-335 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-335 of 2009 (O&M) Date of decision : 4.10.2010 Sandeep Gupta ..... Appellant vs Anupma Gupta ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sudhir Aggarwal, Advocate, for the appellant. Mr. Narender Sura, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal by the husband is to the judgment and decree dated 1.5.2009 of the learned court below whereby petition filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage by way of mutual consent was dismissed as the wife on the second motion did not give her consent. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 4.2.1995 at Gurgaon. Out of the wedlock one female child, namely, Ashima was born. Due to temperamental differences, the parties could not pull on together. They are living separately for the last more than three years. Petition filed by the parties for dissolution of marriage under Section 13-B of the Act, was dismissed by the learned District Judge, Gurgaon, on 1.5.2009, as the wife on the second motion did not give her consent. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal before this court, the matter was compromised. The parties have placed on record the compromise today in court. As per the compromise, both the parties will withdraw all the cases filed by them against each other and their respective family members. The terms of the compromise/ settlement are as under:- “i) That the appellant husband will pay a sum of Rs. 15,000/- per month w.e.f. 1.6.09 plus education expenses for the minor daughter and will bear the marriage expenses. ii) That the amount of Rs. 15,000/- per month will be FAO No. M-335 of 2009 -2- increased 10% annually w.e.f. 1.1.2012. iii) That the appellant will pay the aforesaid amount till the minor daughter remains with the respondent wife. iv) That the respondent will not claim any permanent alimony or maintenance from the appellant apart the aforesaid payment and both the parties have agreed that they be granted a decree of divorce by mutual consent. v) That the respondent will withdraw the petition under Section 125 of Cr.P.C. for maintenance which is pending before Family Court, Gurgaon.” Today both the parties were present in person in court. They were identified by their respective counsels. They have made joint statement before this court today, which is extracted as under:- “Our marriage was solemnised as per Hindu rites on 4.2.1995 at Gurgaon. Out of our wedlock one female child, namely, Ashima was born on 6.12.1995. Due to the temperamental differences, we could not live together. We are living separate for the last more than three years. Number of efforts made for reconciliation failed. Petition filed by parties before the District Judge, Gurgaon, under Section 13-B of the Hindu Marriage Act, 1955, for dissolution of marriage by way of mutual consent was dismissed on 1.5.2009 as the wife on the second motion did not give her consent. During the pendency of appeal before this court by the husband, the matter in dispute was compromised. As per the said compromise, the parties decided to part ways vide compromise dated 4.10.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members. Application under Section 125 Cr.P.C. filed by the wife and pending in the Family Court at Gurgaon may be treated as withdrawn. The daughter will remain with the mother. The husband will pay a sum of ` 15,000/- per month with effect from 1.6.2009 plus education expenses for the minor daughter and will also bear her marriage expenses. The amount of ` 15,000/- per month will be increased @ 10% per annum with effect from FAO No. M-335 of 2009 -3- 1.1.2012 and the same shall be paid only till the marriage of the daughter. The wife will not claim anything on account of permanent alimony 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 that effect, which was not found to be under any pressure or coercion. Application under Section 125 Cr.P.C. filed by the wife and pending in the Family Court at Gurgaon to be treated as withdrawn. The daughter is to remain with the mother. The husband will pay a sum of ` 15,000/- per month with effect from 1.6.2009 plus education expenses for the minor daughter and will also bear her marriage expenses. The amount of ` 15,000/- per month will be increased @ 10% per annum with effect from 1.1.2012 and the same shall be paid only till the marriage of the daughter. The wife will not claim anything on account of permanent alimony from the husband 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 Sandeep Gupta son of N. R. Gupta and Anupma Gupta daughter of C. L. Sharma. The judgment of learned counsel below is set aside. Copy of this order be sent to the Family Court at Gurgaon. The appeal stands disposed of accordingly. Decree sheet be prepared. 4.10.2010 (Rajesh Bindal) vs Judge