FAO No. M-228 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-228 of 2009 (O&M) Date of decision : 17.8.2010 Sarita ..... Appellant vs Sandeep ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Jaswinder Randhawa, Advocate, for the appellant. Mr. Manvender Rathee, 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 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage by way of decree of divorce 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 7.5.2006 at village Mahra, Tehsil and District Sonipat. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since April 2007. Petition filed by the appellant wife in the year 2008 for dissolution of marriage by way of decree of divorce under Section 13 of the Act was dismissed by the learned Additional District Judge (Fast Track Court), Sonipat, on 30.5.2009. 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 5.8.2010. As per settlement, both the parties decided to part ways and settled all the disputes. The wife will not claim any past, present and future maintenance from the husband. Both the parties will withdraw any other litigation pending between them. 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. FIR No. 49 dated 29.6.2007 registered under Sections 406, 498-A IPC at Police Station FAO No. M-228 of 2009 -2- Mahra, District Sonipat by the wife against the husband and his family members has been quashed by this court today. They have made joint statement before this court, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Hindu rites on 7.5.2006 at Village Mahra, Tehsil and District Sonipat. No child was born out of our wedlock. We are living separate since April 2007. Number of efforts made for reconciliation failed. A petition filed by the wife before the Court at Sonipat, under Section 13 of the Hindu Marriage Act, 1955, for dissolution of marriage was dismissed on 30.5.2009. During the pendency of this appeal before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court on 5.5.2010 where after number of meetings, the parties could not reconcile and decided to part ways. The settlement was arrived on 5.8.2010 in terms of which the wife is not to claim any past, present and future maintenance from the husband. She had received the entire dowry articles. The proceedings in FIR No. 49 dated 29.6.2007 registered under Sections 406, 498-A IPC at Police Station Mahra, District Sonipat against the husband and his family members has been quashed by this court today. Both the parties will withdraw any other litigation pending between the parties. 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 Sarita daughter of Zile Singh and Sandeep son of Shamsher Singh. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 17.8.2010 (Rajesh Bindal) vs Judge