FAO No. M-48 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-48 of 2010 (O&M) Date of decision : 25.5.2010 Renu ..... Appellant vs Amarjeet Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Kunal Chhoker, Advocate, for the appellant. Mr. R. A. Sheoran, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu Rites on 30.6.2006 at Village Dandma, Tehsil Charkhi Dadri, District Bhiwani. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since 15.10.2006. Petition filed by the appellant wife in the year 2007 for dissolution of marriage was dismissed by the learned District Judge (Family Court), Bhiwani, on 16.9.2009. Thereafter, the appellant filed appeal before this court. During the pendency of the appeal, the matter was compromised between the parties and they have agreed to convert the proceedings into proceedings for getting divorce by way of mutual consent under Section 13-B of the Act. Their statement with regard to the settlement was recorded in court on 4.5.2010, which is as under:- “Our marriage was solemnised as per Hindu Rites on 30.6.2006 at Village Dandma, District Bhiwani. No child was born out of our wedlock. We are living separate since 15.10.2006. A petition for divorce filed by the wife was dismissed by the learned District Judge (Family Court), Bhiwani and appeal bearing FAO No. M-48 of FAO No. M-48 of 2010 -2- 2010 against that judgment and decree is pending in this court. Now the matter in dispute has been settled and they have decided to part ways. A sum of Rs. Two lacs has been settled as past, present and future maintenance payable to the appellant wife. She will not claim any amount as maintenance from Amarjeet Singh. The parties also agreed to convert the present proceedings for getting a decree of divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act. There is no litigation either civil or criminal pending between the parties except the appeal mentioned above against the rejection of the divorce petition and one criminal case arising out of FIR No. 332 dated 28.8.2007, registered under Sections 498-A, 406 IPC at Police Station Sadar Bhiwani. The wife has agreed that she will make the statement in the criminal case that she has no objection if the aforesaid FIR is quashed as compromised. 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. The husband has paid a sum of Rs. 2 lacs to the wife as per the aforesaid settlement. 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 Amarjeet Singh son of Virender Singh and Renu daughter of Mahabir Singh. The appeal stands disposed of accordingly. Decree sheet be prepared. 25.5.2010 ( Rajesh Bindal) vs Judge