FAO.No.M-166 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO.No.M-166 of 2010 Date of Decision: 29.8.2011 Sukhi Ram ....Petitioner Versus Smt Santro .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Gaurav Mohunta Advocate for the petitioner. Mr. Nimanyu Gautam, Advocate for Mr. Aftab Singh Khara, Advocate for the respondent-wife. JASWANT SINGH, J Instant appeal has been preferred by the appellant-husband Sukhi Ram against the judgment and order dated 2.2.2010 passed by the learned Addl. District Judge, Jind whereby a petition under Section 13 of the Hindu Marriage Act (for short “the Act”) for dissolution of marriage by decree of divorce on the ground of desertion filed by the appellant-husband has been dismissed. It was noticed by the learned court below that the marriage between the parties was solemnized on 12.3.2006 and they were residing separately since 15.5.2006, however, from the facts of the case, it was found that the plea of cruelty and desertion could not be established. Learned counsel points out that during the pendency of the present appeal, parties were referred to the Mediation Centre by this FAO.No.M-166 of 2010 #2# Court and a comprehensive compromise was arrived at. In view of the compromise, C.M.No.17773-CII of 2010 was filed by the appellant-husband accompanied by an affidavit for placing on record the compromise dated 2.7.2010 (Mark-A) and it was orally prayed by both the parties for converting the appeal to be one under Section 13-B of the Act. Vide order dated 10.12.2010, parties were directed to be present for recording of their statements at the second motion after a period of six months. The said order for ready reference is reproduced hereinbelow: “The parties have filed a compromise in the Court stating that they have decided to dissolve the marriage by consent. This compromise memo will be treated as an application under Section 13-B. Post the matter after six months. The parties are present today. They shall be also required to be present on the next date of hearing. Adjourned to 5.7.2011. Sd/- December 10, 2010 (K.Kannan) Gulati Judge” Both the parties in compliance of the aforesaid order are present in court and they have been duly identified by their respective counsel. Their statements have been separately recorded whereby they have mutually agreed to end their marriage by decree of divorce by mutual consent. FAO.No.M-166 of 2010 #3# In view of the compromise dated 2.7.2010, petition is allowed and the order dated 2.2.2010 passed by the learned Addl. District Judge, Jind is set aside. Marriage between the party is ordered to be dissolved as per Section 13-B of the Act and decree of divorce is granted to the parties. Decree sheet be prepared accordingly. August 29, 2011 ( JASWANT SINGH ) manoj JUDGE