C.M.Nos.25149-53-CII of 2008 and -1 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.Nos.25149-53-CII of 2008 and Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 Date of Order: 22.12.2008 Ravinder Kaur ...Applicant Versus Harinder Singh Sandhu ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Kapil Aggarwal, Advocate for the applicant. Mrs. Baljit Mann, Advocate for the non-applicant-respondent. RAJIVE BHALLA, J (Oral). C.M.No.25151-CII of 2008 Transfer Application No. 125 of 2008 Vide order dated 11.12.2008, the petition filed under Section 13 of the Hindu Marriage Act, titled as "Ravinder Kaur v. Harinder Singh Sandhu", pending in the Court of Additional District Judge, Ambala, has been withdrawn to this Court. As a result, the prayer for transfer has been rendered infructuous and is disposed of as such. C.M.No.25152-CII of 2008 Prayer in this application is for altering the petition titled as "Ravinder Kaur v. Harinder Singh Sandhu" , filed under Section 13 of the Hindu Marriage Act to a petition under Section 13-B of the Hindu Marriage Act. The parties who are present in Court, along with their respective C.M.Nos.25149-53-CII of 2008 and -2 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 counsel pray that in view of the compromise Annexure P-4, the petition filed under Section 13 of the Hindu Marriage Act be altered to a petition for grant of divorce by mutual consent under Section 13-B, thereof. I have heard counsel for the parties. Parties have settled their dispute and have arrived at a considered decision that they would like to part ways by mutual consent. As there is no legal impediment in accepting their prayer, the application is allowed and the petition filed under Section 13 of the Hindu Marriage Act is altered to a petition under Section 13-B of the Hindu Marriage Act. The divorce petition titled as "Ravinder Kaur v. Harinder Singh Sandhu", is taken on record. C.M.No.25153-CII of 2008 Prayer in this application is to dispense with the statutory period of six months provided under Section 13-B of the Hindu Marriage Act, for grant of a divorce by mutual consent. The applicants have filed a petition under Section 13-B of the Hindu Marriage Act, praying for dissolution of their marriage by grant of a decree of divorce by mutual consent. Parties have arrived at a mutually acceptable settlement duly reflected in the compromise Annexure P-4. The parties who are present in the Court state that they are residing separately since 01.12.2007 and after considering their circumstances have arrived at a firm decision that they would like to bring an end to this marriage, so as to enable them to start their lives afresh. I have heard counsel for the parties and perused the averments made in the application as also in the compromise Annexure P-4. The applicants have been residing separately since 01.12.2007. The petition for divorce has been pending for more than six months. I am satisfied that there is no legal impediment that would dis-entitle the applicants to such a relief. Consequently, the application is allowed and the period of six C.M.Nos.25149-53-CII of 2008 and -3 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 months provided under Section 13-B of the Hindu Marriage Act is waived. C.M. stands disposed of accordingly. C.O.No. 7 of 2008 The petitioners, namely, Ravinder Kaur and Harinder Singh Sandhu pray for grant of a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act. The marriage between the petitioners was solemnized on 07.07.2007 at Ambala Cantt. They lived and co-habited as husband and wife at Bathinda. During their marriage, serious differences led them to start residing separately from 01.12.2007. Ravinder Kaur, Petitioner No.1, lodged FIR No.98, dated 13.05.2008 under Sections 406, 498-A, 34 IPC, at Police Station Mahesh Nagar, District Ambala. The husband Harinder Singh Sandhu, was, however, granted anticipatory bail. Harinder Singh Sandhu, filed a petition under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights at Bathinda. Petitioner No.1 thereafter filed a transfer petition praying for transfer of the petition filed under Section 9 of the Hindu Marriage Act to a competent court of jurisdiction at Ambala. During the pendency of these cases, parties made a concerted attempt to effect a conciliation/settlement. Despite intervention of well wishers, friends and relatives, all attempts at reconciliation ended in failure. Faced with an uncertain future and ever increasing litigation, the petitioners decided that as their fundamental differences defy resolution, it would be appropriate to resolve their dispute amicably and jointly pray for grant of a divorce by mutual consent. In order to effectuate this decision, the petitioners executed a written compromise. The petitioners, who are present in person acknowledge their signatures on the compromise, which is taken on record as Ex. P-4. The contents of the compromise/settlement read as follows:- C.M.Nos.25149-53-CII of 2008 and -4 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 “That this compromise deed is executed on 5th day of December, 2008 at Chandigarh between Ravinder Kaur w/o Harinder Singh Sandhu and d/o Capt. Gurcharan Singh, resident of # 71, Rajindera Prk Colony, Mahesh Nagar, Ambala Cantt herein referred to as the 1st party and Harinder Singh Sandhu s/o Sh. Ram Singh Sandhu, r/o # 138, Kamla Nehru Colony, Bathinda hereinafter referred to as the 2nd party on the following terms:- 1. That both the parties got married on 07.07.2007 at Ambala Cantt according to Sikh rites and ceremonies. No child was born out of this wedlock. 2. That due to temperamental differences between the parties, both the parties could not pull along well after the marriage and started living separately since 01.12.2007 and both the parties are living apart since then. 3. That the 2nd party has filed a petition u/s 9 of the Hindu Marriage Act against the 1st party at Bathinda and the same is pending adjudication. 4. That the cases which the 1st party has filed against the 2nd party are as under:- (i) FIR No.98, dated 13.5.2008, u/ss 406, 498-A, 34 IPC at P.S.Mahesh Nagar, Distt. Ambala against the 2nd party and his parents namely Sh. Ram Singh father and Smt. Surjit Kaur mother of the party No.2 and the said case is pending at Ambala. (ii) Petition for maintenance u/s 125 Cr.P.C. against the 2nd party and the same is pending at Ambala. (iii) Petition u/s 13 of the Hindu Marriage Act against the C.M.Nos.25149-53-CII of 2008 and -5 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 2nd party at Ambala and the same is also pending adjudication. 5. That the 1st party has filed a transfer application bearing T.A No.125 of 2008 in the Hon'ble Punjab and Haryana High Court at Chandigarh seeking the transfer of the petition u/s 9 of the Hindu Marriage Act filed by the 2nd party from District Bhatinda to District Ambala and the same is pending adjudication in the Hon'ble High Court. During the pendency of the said transfer application, the parties have entered into a compromise with the kind intervention of this Hon'ble Court on 25.11.2008 whereby both the parties have decided to live separately and seek a divorce by mutual consent u/s 13-B of the Hindu Marriage Act and to withdraw all the cases filed by both the parties against each other. 6. That the 2nd party has agreed to pay an amount of Rs.1.5 lacs (Rupees one lac and fifty thousand only) to the 1st party in the Hon'ble High Court within a period of one month from today as her permanent alimony, her entire maintenance past, present and future and in lieu of her entire dowry articles and istridhan. The 1st party has received her entire dowry articles and istridhan and will not claim anything else from the 2nd party. 7. That both the parties have given an undertaking to withdraw all civil and criminal cases filed against each other and also an undertaking to the effect that they will not file any civil or criminal litigation against each other with regard to the said matrimony. 8. That 1st party is filing separate applications in the transfer application bearing T.A No.125 of 2008 pending in the C.M.Nos.25149-53-CII of 2008 and -6 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 Hon'ble High Court as under:- (i) application for the transfer of the petition u/s 13 of the Hindu Marriage Act titled as Ravinder Kaur v. Harinder Singh Sandhu pending before the Ld. Additional District Judge, Ambala from the court of the Ld. Additional District Judge, Ambala to this Hon'ble Court in view of the compromise effected between the parties; (ii) application for converting the petition titled as Ravinder Kaur v Harinder Singh Sandhu filed u/s 13 of the Hindu Marriage Act and presently pending in the court of the Ld. District Judge, Ambala into a petition u/s 13-B of the Hindu Marriage Act in view of the compromise effected between the parties; and (iii) application for condoning the statutory period of 6 months of separation u/s 14 of the Hindu Marriage Act. 9. That the 1st party has agreed and undertakes to withdraw the cases filed by her against the 2nd party i.e. FIR No.98, dated 13.5.2008, u/ss 406, 498-A, 34 IPC at P.S.Mahesh Nagar, Distt. Ambala against the 2nd party and his parents or in the alternative the 1st party has no objection if the said FIR is quashed by this Hon'ble High Court. 10. That the 1st party also agrees and undertakes to withdrawn the petition for maintenance filed by her against the 2nd party u/s 125 Cr.P.C. at Ambala. 11. That the 2nd party has agreed and undertakes to withdraw the petition filed by him against the 1st party u/s 9 of the C.M.Nos.25149-53-CII of 2008 and -7 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 Hindu Marriage Act at Bathinda. 12. That both the parties further undertake not to sue each other in future and will not file any civil, criminal or any matrimonial case against each other or agianst any of the family members. 13. That the parties have agreed to the above compromise deed out of their own free will and in the fill senses and without any pressure, threat, coercion or undue influence from any body. 14. That both the parties shall be bound by this compromise deed. Signed by both the parties on this 5th day of December, 2008 in the presence of witnesses from both the sides. Witness No.1 1st party Sd/-05.12.2008 Ravinder Kaur Gurcharan Singh 05.12.2008 s/o Late Sardar Singh, 71, Rajindra Park, Ambala Cantt 2nd party Witness No.2 Harinder Singh Sd/-Surjit Kaur 05.12.2008 05.12.2008 Smt. Surjit Kaur W/o Sh. Ram Singh R/o 138, Kamla Nehru Colony Bathinda." Upon a perusal of the averments in the petition and a due consideration of the settlement Ex.P-4, parties were directed to record their statements. Before proceeding to record their statements the petitioners were apprised of the consequences of their statements, the nature of the proceedings and another attempt was made to effect a reconciliation between the parties. The petitioners, however, maintained their stand that C.M.Nos.25149-53-CII of 2008 and -8 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 their differences are so fundamental as defy resolution. As a result, their statements were recorded and are reproduced hereinafter:- STATEMENT OF RAVINDER KAUR WIFE OF HARINDER SINGH SANDHU, DAUGHTER OF CAPT. GURCHARAN SINGH, RESIDENT OF HOUSE NO. 71, RAJINDERA PARK COLONY, MAHESH NAGAR, AMBALA CANTT, DISTRICT AMBALA , ON S.A. *** We were married as per Sikh rites and ceremonies on 07.07.2007 at Ambala Cantt. No child has been born out to us. Due to temperamental differences we began living separately from 01.12.2007 and continue to live separately. Despite the intervention of friends, relatives and well wishers, we have failed to reconcile our differences and have arrived at a decision that in view of our irreconcilable differences, it would be in our interest to sever this marriage by praying for grant of decree of divorce by mutual consent. I have executed a written compromise Annexure P-4 voluntarily, without any misrepresentation, coercion or fraud and identify my signature thereon. The statements recorded in the compromise dated 05.12.2008 may be read as a part of my statement. I have received the entire payment of Rs.1,50,000/- in settlement of all claims i.e. Istridhan, Dowry articles, maintenance etc. and shall have no right, title or interest against Harinder Singh Sandhu, his properties and his family members. I shall withdraw all other cases that has ben filed by me. I pray that the petition for grant of a decree of divorce by mutual consent be accepted and our marriage be dissolved accordingly. STATEMENT OF HARINDER SINGH SANDHU SON OF SHRI RAM SINGH SANDHU, RESIDENT OF HOUSE NO.138, KAMLA NEHRU COLONY, BATHINDA, ON S.A. C.M.Nos.25149-53-CII of 2008 and -9 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 *** We were married as per Sikh rites and ceremonies on 07.07.2007 at Ambala Cantt. No child has been born out to us. Due to temperamental differences we began living separately from 01.12.2007 and continue to live separately. Despite the intervention of friends, relatives and well wishers, we have failed to reconcile our differences and have arrived at a decision that in view of our irreconcilable differences, it would be in our interest to sever this marriage by praying for grant of decree of divorce by mutual consent. I have executed a written compromise Annexure P-4 voluntarily, without any misrepresentation, coercion or fraud and identify my signature thereon. The statements recorded in the compromise dated 05.12.2008 may be read as a part of my statement. I pray that the petition for grant of a decree of divorce by mutual consent be accepted and our marriage be dissolved accordingly. I have paid a sum of Rs.1,50,000/- in settlement of all claims i.e. Istridhan, Dowry articles, maintenance etc. I have heard counsel for the parties, perused the pleadings, the compromise Ex. P-4, and the statements of both parties. A perusal of the pleadings, the statements and the contents of the compromise leaves no manner of doubt as to the bona fides of the settlement and the prayer in the present petition. The averments in the petition, duly substantiated by the separate statements made by the parties, leave no manner of doubt that the prayer in the present petition is not collusive. The petitioners are mature and educated and understand the C.M.Nos.25149-53-CII of 2008 and -10 Transfer Application No. 125 of 2008 and C.O.No.7 of 2008 significance of their decision and their prayer for grant of a decree of divorce, by mutual consent. This unfortunate matrimonial dispute has led to a barrage of avoidable litigation, devastating the petitioners and their families. Despite attempts by learned counsel for the parties and by this court to encourage a rapprochement, the petitioners maintain their stance that they cannot live together as their tempremental differences are irreconcilable. A marriage that turns sour is bitter and fractious and destroys matrimonial harmony. It adversely effects the life of feuding individuals and their families. Where there is no hope of retrieving a marital relationship, interest of justice, interest of parties and interest of society in general would require that such a marriage be brought to an end. Any other course, in my considered opinion, would condemn parties to a life of bitterness and misery. The grant of a divorce, on the other hand, would enable parties trapped in a matrimonial battle to rebuild their lives and proceed their separate ways, hopefully to a happy, peaceful and productive life. In view of what has been noticed herein above, as this marriage has broken down irretrievably , it would be in the interest of the parties that their prayer for divorce by mutual consent be accepted. As a result, the petition for grant of divorce by mutual consent is accepted and the marriage between Ravinder Kaur and Harinder Singh Sandhu is dissolved by grant of a decree of divorce, by mutual consent. The compromise Ex.P-4 and the statements of parties shall form part of the decree. Decree sheet be drawn up accordingly December 22, 2008 (RAJIVE BHALLA) nt JUDGE