FAO No. M-281 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-281 of 2009 (O&M) Date of decision : 3.5.2011 Parveen Kumar ..... Appellant vs Smt. Sudesh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ram Kumar Saini, Advocate for Mr. R. N. Lohan, Advocate, for the appellant. Mr. Ajit Sihag, 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- husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was dismissed on 12.3.2009. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 23.11.2005 at Village Mahenda, Tehsil Hansi, District Hisar. Out of the wedlock no child was born. Due to temperamental differences, the parties could not pull on together. They are living separate since 4.6.2006. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Rohtak, on 12.3.2009. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre in this Court, where the same was mutually settled on 30.11.2010. The petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. FAO No. M-281 of 2009 -2- As per the agreement, a sum of ` 6,00,000/- was settled as permanent alimony to be paid to the wife by the husband. She had received ` 1,00,000/- on 4.12.2010. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement was recorded in the court. The text of the statement is extracted as under:- “Our marriage was solemnized on 23.11.2005 as per Hindu rites at village Mahenda, Tehsil Hansi, District Hisar. No child was born out of our wedlock. Due to temperamental differences, we could not live together. We are living separate since 4.6.2006. Number of efforts made for reconciliation failed. Divorce petition filed by the husband was dismissed by the Additional District Judge, Rohtak, on 12.3.2009, against which the husband filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court and the same was mutually settled on 30.11.2010. A sum of ` 6,00,000/- was settled as permanent alimony. The wife has already received a sum of ` 1,00,000/- on 4.12.2010. Today, the husband has paid the balance amount of ` 5,00,000/-, to the wife by way of demand draft bearing No. 202055 dated 29.4.2011 for ` 2,00,000/-, No. 202559 dated 18.4.2011 for ` 1,00,000/-, No. 202928 dated 5.3.2011 for ` 1,00,000/- and No. 202001 dated 15.4.2011 for ` 1,00,000/- drawn on ICICI Bank, Hissar. FAO No. M-281 of 2009 -3- Complaint under Section 12 of the Domestic Violence Act at Hansi and application under Section 125 Cr.P.C. pending in the Family court at Hisar, shall be treated as not pressed and disposed of in terms of the settlement arrived at between the parties. We will abide the settlement arrived at between us on 30.11.2010. We will not indulge each other or their family members in any litigation in future relating to the matrimonial dispute. We have no objection in case the decree of divorce by way of mutual consent is passed dissolving the marriage between the parties.” 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 wife has received the balance amount of ` 5,00,000/- by way of demand drafts bearing No. 202055 dated 29.4.2011 for ` 2,00,000/-, No. 202559 dated 18.4.2011 for ` 1,00,000/-, No. 202928 dated 5.3.2011 for ` 1,00,000/- and No. 202001 dated 15.4.2011 for ` 1,00,000/- drawn on ICICI Bank, Hissar. It has further been agreed that complaint under Section 12 of the Domestic Violence Act pending at Hansi and application under Section 125 Cr.P.C. filed by the wife, pending in the Family court at Hisar, shall be treated as not pressed and disposed of in view of compromise. FIR No. 23 dated 2.2.2007, under Sections 498-A, 406/ 34 IPC got registered by the wife at Police Station Sadar Hansi, District Hisar, against the appellant and his parents has been quashed by this court vide order of even date passed in Criminal Misc. No. M-3075 of 2011 Parveen Kumar and others vs The State of Haryana and others. FAO No. M-281 of 2009 -4- The parties will not indulge each other in any litigation in future concerning the marriage and have no objection if a decree of divorce by way of mutual consent is passed. The parties will abide by the settlement dated 30.11.2010 and the statement referred to above. 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 Parveen Kumar son of Dilbag Singh and Sudesh daughter of Satbir Singh. The judgment of learned court below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. Copies of this order be sent to the District & Sessions Judge, Hisar, to get the cases, referred to above, disposed of as compromised. 3.5.2011 (Rajesh Bindal) vs Judge