CR No.473/2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.473/2010 Date of decision: 06.09.2011. Latika ....................Petitioner v. Rajwant Rathi .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Rakesh Nehra,Advocate for the petitioner-wife. Mr.Sandeep K.Sharma,Advocate for the respondent-husband Jaswant Singh.J.(Oral) The present revision petition under Article 227 of the Constitution was filed by the petitioner wife assailing the order dated 24.12.2009 whereby in the petition under Section 13 of the Hindu Marriage Act for dissolution of marriage, initiated by the respondent husband, it had been directed that the minor daughter of the parties shall be brought in Court on second Saturday of every month to meet the respondent-husband. During the course of proceedings before this court in the present revision petition the husband and wife had arrived at an amicable settlement in respect of their matrimonial dispute including the visitation rights of their daughter. The terms of the settlement are duly noticed and incorporated in the interim order dated 23.11.2010 which read as under:- “ The petitioner and the respondent, who are CR No.473/2010 2 present in Court, have un-equivocally expressed their desire to settle the matter. The terms of the settlement broadly agreed upon between the parties are as follows:- 1. The respondent, who is the husband of the petitioner would pay a sum of Rs.35 lacs by way of demand draft in favour of Vagisha,(the name as given out by the petitioner and existing in the school record) the daughter of the petitioner and the respondent. 2. This amount shall be utilized for the purchase of a plot within two months, in the area chosen by the petitioner herself in Rohtak City, in the name of Vagisha. The entire exercise of finding a plot, and the seller and the transaction leading to the purchase of this plot shall be carried out by the petitioner herself. The amount given by the respondent shall not be utilized for any other purpose except for purchase of the plot. 3. The requisite documents undertaking the purchase of said plot in the name of Vagisha shall be placed on record of the file of this Court immediately thereafter. 4. The petitioner shall have no claim against the respondent subsequent to the receipt of the money for purchase of plot in lieu thereof. The petitioner and the respondent shall file an application to convert the already pending proceedings under Section 13 of the Hindu Marriage Act, 1955 into one under Section 13 (B) of the Hindu Marriage Act, 1955. The petitioner shall have no claim of maintenance or any other interest in the affairs of the respondent as also his estate. 5. The parties have also resolved that Vagisha, who is the daughter born out of the wedlock, shall meet the respondent on every Sunday to which the petitioner shall have no objection. The daughter will remain with the respondent from 10.00 am till 4.00 pm after which the respondent shall entrust the child back to the CR No.473/2010 3 petitioner. Under no circumstance the child will be taken out of the City of Rohtak unless there is an express confirmation of the petitioner to that effect. This condition, however, is subject to variation and the convenience of the parties and shall not be construed to be a binding impediment as the intention of the Court is to lend flexibility to the arrangements of the meeting of the respondent and his daughter. List this matter again for further proceedings on 27.01.2011.” Learned Counsel for the parties jointly state that in terms of the settlement a decree of divorce by mutual consent has been passed by the Family Court and therefore the present revision petition has become infructuous. Dismissed as infructuous. 06.09.2011 (Jaswant Singh) joshi Judge