FAO No.M-175 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.M-175 of 2009 (O&M) Date of Decision: 18.11.2010 Dr. Manju ...Appellant Versus Dr. Dinesh Dahiya .....Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. C.B. Goel, Advocate for the appellant. Mr. Lekhraj Sharma, Advocate for the respondent. ..... RAJESH BINDAL, J. Challenge in the present appeal filed by the wife is to the judgment and decree of the learned court below whereby the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was allowed. During the pendency of the present appeal, the parties have arrived at a compromise. Briefly, the facts of the case are that the marriage between the parties was solemnized as per Hindu rites on 18.01.1998 at Panipat. Out of the wedlock two children were born. Due to temperamental differences, the parties could not pull on together. They are living separate since November, 2002. Petition filed by the husband for dissolution of marriage was allowed by the learned Additional District Judge, Panipat on 08.06.2009. Thereafter, the wife filed 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, but the parties could not reach to an amicable settlement and the file was sent back to the court. Thereafter, the parties settled the dispute themselves and reduced the term in writing. Learned counsel for the parties have produced in the court the compromise deed executed between the parties wherein both the parties have agreed that the decree of divorce as granted by the learned FAO No.M-175 of 2009 (O&M) 2 court below be confirmed. Additionally they have settled, which could be a cause of subsequent litigation, is that the custody of two children (twins) born out of the wedlock shall remain with the appellant-wife. They further agreed that the appellant shall not claim any maintenance, past, present or future, whatsoever, for herself and for children. The compromise deed duly signed by the parties is taken on record. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:- “We have settled all the disputes amicably vide compromise dated 18.11.2010 filed today in court. We will abide by the terms and conditions of the said compromise. The husband will withdraw the case filed for custody of the children and also will have no objection to the dropping of the proceedings initiated against the wife under Section 340 Cr.P.C.” 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. In terms of the compromise deed, the present appeal stands disposed of. (RAJESH BINDAL) JUDGE 18.11.2010 sharmila