C.R.No.5935 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5935 of 2010 Date of Order: 25.5..2011 Manish Gautam .....Petitioner Vs. Smt Tanuja Gautam .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Kul Bhushan Sharma, Advocate with the petitioner in person. Mr. Bikram Chaudhary, Advocate with the respondent-wife in person. JASWANT SINGH, J (ORAL) Petitioner-husband has preferred the instant revision petition under Article 227 of the Constitution challenging the impugned order dated 16.8.2010 (P.1) passed by the learned District Judge, Family Court, Faridabad whereby the application under Section 24 of the Hindu Marriage Act, 1955 (for short “the Act”) filed by the respondent-wife was allowed and the petitioner-husband was directed to pay a sum of Rs.10,000/- per month as maintenance pendente lite to the respondent-wife besides Rs.15,000/- as litigation expenses and travelling expenses of Rs.200/- for each visit of the respondent-wife to the Court from Gaziabad. It is stated that the marriage between the parties was solemnized on 11.7.2008 at Ghaziabad according to the Hindu Rites and ceremonies. Due to temperamental differences between them, petitioner- husband filed a petition under Section 13(1)(a) of the Act for dissolution of marriage by way of decree for divorce on the ground of cruelty. Respondent-wife contested the said petition and moved an application dated 28.8.2009 (P.2) under Section 24 of the Act seeking maintenance allowance C.R.No.5935 of 2010 #2# along with litigation expenses as also the travelling expenses for visiting the Court at Faridabad from Ghaziabad. It was alleged by the respondent-wife in her application that she had no independent source of income to meet her day to day necessary expenses and that she is unemployed and is living at the mercy of her parents. Reply (P.2) to the application was filed by the petitioner-husband stating that the respondent-wife is leading a lavish life and that she is maintaining a car besides paying monthly instalment of Rs.13,714/- to the ICICI Bank towards loan. After hearing learned counsel for the parties and perusing the material placed on record, learned Family Court allowed the application while awarding a sum of Rs.10,000/- as maintenance pendente lite along with Rs.15000/- as litigation expenses and Rs.200/- as travelling expenses payable to the respondent-wife by the petitioner-husband. On the last date of hearing i.e 28.4.2011, learned counsel for the parties had sought time to draw up a final compromise deed detailing the modalities of the compromise in pursuance of which a compromise dated 25.5.2011 effected between the parties has been filed in court, which is taken on record as Annexure Mark-A. Petitioner-husband and respondent-wife are also present in Court and through their respective counsel they undertake to abide by the terms and conditions of the compromise deed. It is stated in the compromise that the marriage between the parties shall be got dissolved by mutual consent by way of converting the petition for Divorce already pending under Section 13(1)(ia) of the Act filed by the petitioner-husband into the petition for divorce by mutual consent under Section 13(B) of the Act. Parties present in court state that the required shall be done on the C.R.No.5935 of 2010 #3# next date of hearing fixed before the learned trial Court i.e 30.5.2011 or within the next one week thereafter, if for some reasons same is not possible on that date. It is settled between the parties that the petitioner-husband shall pay a sum of Rs.15 lac in three equal instalments and shall also return the Swift Dezire Car given at the time of marriage to the respondent-wife towards the settlement of all claims of any sort including Istridhan and permanent alimony and the respondent-wife shall withdraw all the cases filed by her against the petitioner-husband and his relatives including family members pending in various courts. Petitioner-husband shall also withdraw any litigation civil or criminal filed by him or by his family members against the respondent-wife or against her family members. As per the schedule of payment arrived at in the compromise, the petitioner-husband has handed over a demand draft bearing No.767493 dated 23.5.2011 for a sum of Rs.5 lacs payable in the name of the respondent-wife and the same has been accepted by the respondent-wife. For the sake of repetition, the parties through their counsel have undertaken to abide by the terms and conditions of the compromise arrived at between the parties failing which they agree that they shall be liable for contempt proceedings besides other remedies. In view of the aforesaid circumstances, learned counsel for the parties are agreed that the present petition has become infructuous. Disposed of as infructuous. May 25, 2011 ( JASWANT SINGH ) manoj JUDGE