F.A.O. No. 192-M of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 192-M of 2004 Date of decision:- 30.5.2008 Amarjit Singh Kapur ...Appellant. Versus Talwinder Kaur ...Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Narinder Singh, Advocate for the appellant. Mr. Munish Behl, Advocate for the respondent. RAJESH BINDAL J. The husband is in appeal before this Court against rejection of his petition for dissolution of marriage filed under Section 13 of the Hindu Marriage Act, 1955 (for short, the Act). Briefly the facts are that the marriage of the respondent was solemnized with Satkar Singh, elder brother of the appellant and out of the wedlock a female child was born on 24.11.1990. Satkar Singh died on 4.1.1991. Thereafter the respondent was married with the appellant. He was only 17 years of age when the marriage took place on 15.3.1992 which the appellant claimed to be against his wishes. A male child was born out of this relation on 25.1.1996. The parties could not pull on together which resulted in filing the petition for divorce by the appellant with various allegations. The same was contested by the respondent by leveling counter allegations against the appellant. F.A.O. No. 192-M of 2004 2 During the pendency of the present appeal the parties have settled their disputes. They have withdrawn all the allegations levelled by them against each other. Terms of settlement have been reduced into writing by way of compromise which has been placed on record as Mark ‘A’. As per the compromise the appellant had to pay a sum of Rs. 20,00,000/- to the respondent and in addition to this, ownership of H.No. 3630, Ward No. 15, Mohalla Sainian Kharar, Distt. Ropar was to be transferred in her name as permanent alimony on account of her all claims past, present and future. This amount was also to take care of the claim of the children in the ancestral property. Today in Court, counsel for the appellant has handed over a copy of the sale deed in original transferring the ownership of H.No. 3630, Ward No. 15, Mohalla Sainian Kharar, Distt. Ropar in the name of the respondent. In addition to this, a Manager’s cheque No. 60240017 of Rs. 5,00,000/- of HDFC Bank, Kharar dated 24.3.2008 and a demand draft of Rs. 15,00,000/- drawn on Centurion Bank of Punjab Limited dated 24.3.2008 bearing no. 544825 in favour of the respondent have been handed over to her in court today. Photo copies thereof have been placed on record. The statement of the respondent has been recorded in which she admits the receipt of a sum of Rs. 20,00,000/- and also admits that the ownership of house has been transferred in her name. She further submits that as the parties are living separate since 1999 and there are no chances of settlement as such, she has no objection in case the appeal filed by the appellant is accepted and a decree of divorce is passed. F.A.O. No. 192-M of 2004 3 Keeping in view the above development and the statement of respondent, the petition filed by the appellant for dissolution of marriage under Section 13 of the Act, is converted into a petition for divorce by mutual consent under Section 13 (b) of the Act. All the allegations and counter allegations made in the pleadings by the parties have been withdrawn. As the parties are living separate since 1999 and there are no chances of any settlement, the permanent alimony as agreed upon between the parties having already been paid to the respondent. Accordingly, I deem it appropriate to dissolve the marriage between the parties to the appeal by way of mutual consent. A decree be passed accordingly. MAY 30, 2008 (RAJESH BINDAL) ritu-II JUDGE