FAO No. M-34 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-34 of 2010 (O&M) Date of decision : 1.10.2010 Raj Kumar ..... Appellant vs Asha Rani ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Kulwant Singh, Advocate, for the appellant. Mr. Hitesh Sood, 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, 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 16.6.1986 at Village Dulehar, District Una. Two children, namely, Vikrant Thakur and Ankita, were born out of the wedlock, who are now living with the husband. Due to temperamental differences, the parties could not pull on together. They are living separate since March 2008. Petition filed by the appellant husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge (Adhoc) Fast Track Court, Hoshiarpur, on 25.11.2009. Thereafter, the appellant husband 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, where the same was compromised on 25.8.2010. The terms of the settlement/agreement are as under:- “1. That parties have agreed for dissolution of marriage. The respondent shall give divorce to the appellant-Raj Kumar and fulfil all formalities for the same in accordance with law for grant of FAO No. M-34 of 2010 -2- divorce to the appellant. 2. The parties agreed to withdraw litigation if any pending in any court or before any other authority against each other after this settlement except for grant of divorce as above. 3. That the appellant- Raj Kumar shall pay an amount of Rs. 3,25,000/- only to the respondent- Asha Rani as one time settlement for their disputes. The appellant- Raj Kumar shall prepare a bank draft in favour of the respondent and pay the same in the court on the next date of hearing.” Today both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties filed petition for dissolution of marriage by way of mutual consent. They have made joint statement before this court today, which is extracted as under:- “Our marriage was solemnised as per Hindu rites on 16.6.1986 at Village Dulehar, District Una. Out of our wedlock two children, namely Vikrant Thakur and Ankita were born, who are now living with the husband. Due to the temperamental differences, we could not live together. We are living separate since March 2008. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge (Adhoc), Fast Track Court, Hoshiarpur, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed on 25.11.2009. In appeal before this court by the husband, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court where after number of meetings, the matter could not be reconciled and the parties decided to part ways vide compromise dated 25.8.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members. Today, the wife has received a sum of ` 3,25,000/-, on account of permanent alimony from the husband (` 2,00,000/- vide bank draft no. 700060 drawn on Punjab National Bank, Hoshiarpur, and ` 1,25,000/- vide bank draft no. 000553 drawn on IDBI Bank Limited, FAO No. M-34 of 2010 -3- Hoshiarpur, both dated 1.9.2010). The wife will not claim any right in respect of the children. 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. The respondent wife has received a sum of ` 3,25,000/-, on account of permanent alimony from the husband (` 2,00,000/- vide bank draft no. 700060 drawn on Punjab National Bank, Hoshiarpur, and ` 1,25,000/- vide bank draft no. 000553 drawn on IDBI Bank Limited, Hoshiarpur, both dated 1.9.2010). She will not claim any right in respect of the children. 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 Raj Kumar son of Maluk Chand and Asha Rani daughter of Prem Singh. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 1.10.2010 (Rajesh Bindal) vs Judge