FAO No. M-84 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-84 of 2009 (O&M) Date of decision : 27.7.2010 Kavita ..... Appellant vs Rinku Kumar ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Gaurav Sethi, Advocate, for the appellant. Mr. Deepak Gupta, 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 12 of the Hindu Marriage Act, 1955 (for short, “the Act”), for annulment of marriage or in alternative for dissolution of marriage by way of decree of divorce under Section 13 of the Act 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 Hindu rites on 14.1.2008. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They stayed together only for a period of about two months. Petition filed by the appellant in the year 2008 for annulment of marriage or in alternative for dissolution of marriage by way of decree of divorce under Section 13 of the Act was dismissed by the learned Additional District Judge, Ambala, on 29.1.2009. Thereafter, the appellant wife filed present 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 11.1.2010. Settlement arrived at between the parties is as under:- “1. Both the parties have agreed to make a joint prayer for dissolution of marriage before the Hon'ble High Court itself or otherwise to file for divorce on the ground of mutual consent. Rinku (husband) has agreed to bear the cost for the same. FAO No. M-84 of 2009 -2- 2. Kavita's parents have agreed to pay an amount of Rs. 1.50 lacs (one lac fifty thousand only) to Rinku. Kavita's parents would make the payment of abovesaid amount at the time of grant of decree of divorce before the Learned Court. 3. Both the parties will have nothing against each other and none would interfere in any manner, in the peaceful existence of the other. 4. Rinku has agreed to return Kavita's certificates of Class 10th and BA 1st year. 5. Both the parties have agreed not to misuse any of the photographs, letters, notes, greeting cards or any other items exchanged during the course of their relationship. Kavita would not misuse the Reliance mobile phone gifted to her by Rinku. 6. In token of the compromise arrived at between the parties, both the parties have put their signatures in this compromise deed. 7. Both the parties have agreed to withdraw all the allegations made against each other.” Today both the parties are present in person in court. They have been identified by their respective counsels. As agreed between the parties, the parties have filed petition for dissolution of marriage by way of mutual consent. Husband Rinku Kumar stated that he will not press for payment of ` 1.50 lacs from the parents of Kavita, the wife, as was settled before the Mediation and Conciliation Centre on 11.1.2010. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Hindu Rites on 14.1.2008. We stayed together only for a period of about two months. No child was born out of our wedlock. We are living separate since 4.3.2008. Number of efforts made for reconciliation failed. A petition filed by the wife before the Additional District Judge, Ambala, under Section 12 of the Hindu Marriage Act, 1955 (for short, “the Act”), for annulment of the marriage or in the alternative under Section 13 of the Act for dissolution of marriage was dismissed on 29.1.2009. In appeal before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court on 11.1.2010 where after number of meetings, the parties could not decide to FAO No. M-84 of 2009 -3- live together and matter could not be reconciled and the parties decided to part ways. The settlement was arrived on 18.3.2010 in terms of which the parents of the wife were to pay a sum of ` 1.50 lacs to the husband. In terms of the settlement the wife has received her certificates of Class 10th and BA Part-I in original. There is no other litigation pending between the parties. It was further agreed by both the parties that they will not misuse any of the photographs, letters, notes, greeting cards or any other items exchanged during the course of their relationship. Kavita would not misuse the Reliance mobile phone gifted to her by Rinku Kumar. Husband Rinku Kumar stated that he will not press for payment of ` 1.50 lacs from the parents of the Kavita, the wife, as was settled before the Mediation and Conciliation Centre. Both the parties will not claim any amount from each other on any account. 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. 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 Kavita daughter of Ram Nath Kapoor and Rinku Kumar son of Late Om Vir. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 27.7.2010 (Rajesh Bindal) vs Judge