FAO No. M-170 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-170 of 2009 (O&M) Date of decision : 1.4.2011 Navkiranjit Kaur ..... Appellant vs Sukhwant Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. J. S. Dhaliwal, Advocate, for the appellant. Mr. P. P. S. Duggal, Advocate, for the respondent. Rajesh Bindal J. The wife is in appeal against the judgment and decree of the learned court below dated 29.1.2009 whereby the petition for divorce by way of mutual consent filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 (for short, “the Act”), was dismissed. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites (Anand Karaj) on 23.1.2007 at Nihal Singh Wala, District Moga. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since February 2007. Joint petition was filed by the parties before the Additional District Judge, Moga, under Section 13- B of the Act for grant of divorce by way of mutual consent. When the case was taken up at the first motion, both the parties stated that they endorse the stand taken in the petition and wanted the decree of divorce by way of mutual consent. However, at the time of second motion, as the husband backed out of his initial statement, the petition under Section 13-B filed by them was dismissed on 29.1.2009. Thereafter, the appellant wife filed appeal before this court. During the pendency of the appeal before this court, the dispute between them was compromised. FAO No. M-170 of 2009 -2- Today both the parties are present in person in court. They have been identified by their respective counsels. Their joint statement has been recorded separately today, whereby both of them have stated that they have no objection if a decree of divorce by way of mutual consent is passed as now both of them endorse their statements recorded by the learned court below on 26.7.2008. The respondent submitted that on 29.1.2009 he had withdrawn his earlier consent as the same was given by him under pressure. However, he stated that now he had realized that once the parties cannot live together, it would be in the interest of both of them that they should separate amicably. The statement made in the court today, is extracted as under:- “Our marriage was solemnised as per Sikh rites (Anand Karaj) on 23.1.2007 at Nihal Singh Wala, District Moga. No child was born out of our wedlock. Due to the temperamental differences, we could not live together. We are living separate since February 2007. Number of efforts made for reconciliation failed. Joint petition filed by us before the Additional District Judge, Moga, under Section 13-B of the Hindu Marriage Act, for grant of decree of divorce by way of mutual consent was dismissed on 29.1.2009, as the husband had withdrawn his consent at the second motion. During the pendency of appeal filed by the wife, the matter in dispute was compromised. As per compromise, the parties decided to part ways. The wife is not claiming any amount towards the permanent alimony. Husband will withdraw his statement recorded on 29.1.2009 made at the second motion and stands by his statement recorded on 26.7.2008. Today, we are making this statement voluntarily without any pressure or fear. We have no objection if a decree of divorce by way of mutual consent is passed.” FAO No. M-170 of 2009 -3- 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 Navkiranjit Kaur daughter of Late Shri Gurdev Singh and Sukhwant Singh son of Shri Suba Singh. The judgment of learned court below is modified to this extent. The appeal stands disposed of accordingly. Decree sheet be prepared. 1.4.2011 ( Rajesh Bindal) vs Judge