FAO No. M-402 of 2010 (1) In the High Court of Punjab & Haryana at Chandigarh FAO No. M-402 of 2010 (O&M) Date of decision : 9.5.2011 Jasbir Kaur ..... Appellant vs Randhir Singh Bajwa ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present Mr. Kuldip Sanwal, Advocate, for the appellant. Mr. Sarabjit S. Khaira, Advocate, for the respondent. Rajesh Bindal J. The wife is in appeal against the judgment and decree of the learned court below dated 9.10.2010 whereby the petition filed by the husband for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), was allowed. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites at village Khera-bad, Tehsil Dasuya, District Hoshiarpur, in February 1985. One male child namely Prabhsimran Singh was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. Petition filed by the husband before the Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, under Section 13 of the Act for dissolution of marriage, was allowed on 9.10.2010. Thereafter, the appellant wife filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court, where the same was mutually settled on 14.3.2011. A sum of ` 7,00,000/- was settled as permanent alimony. Today both the parties were present in person in court. They have been identified by their respective counsels. Their joint statement, has been recorded separately today, which is extracted as under:- “Our marriage was solemnized in February 1985 as per Sikh rites at village Khera-bad, Tehsil Dasuya, District Hoshiarpur. One male child namely Prabhsimran Singh child was born out of our wedlock. Due to temperamental differences, we could not live together. Number of efforts made for reconciliation failed. Divorce petition filed by the husband was allowed by the Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, on 9.10.2010 against which the wife filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court, where the same was mutually settled on 14.3.2011. A sum of ` 7,00,000/- was settled as permanent alimony. As per agreement dated 25.2.2011, the land measuring 2¼ marlas along with house and shops constructed thereon already stands transferred in the name of the wife and minor son vide sale deed dated 18.3.2011. The wife has already received a sum of ` 35,000/- by way of demand draft bearing No. 211097 dated 29.4.2011 drawn on ICICI Bank Limited Pathankot and No. 000403 dated 30.4.2011 for ` 6,76,000/- drawn on IDBI Bank, Pathankot, towards permanent alimony for herself and son Prabhsimran Singh. The husband will not claim his custody in future. Complaint under Section 12 of the Domestic Violence Act pending in the court of Civil Judge (Junior Division), Pathankot, shall be treated as not pressed in terms of the settlement arrived at between the parties. We will abide by the settlement arrived at between us on 14.3.2011. We will not indulge each other or their family members in any litigation in future relating to the matrimonial dispute. Wife has no objection in case the decree of divorce granted by the learned court below presided over by Mr. Kuldeep Singh Cheema, Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, is confirmed and the appeal is permitted to be withdrawn.” As per the compromise, the wife has received the settled permanent alimony from the respondent-husband for herself and the minor son. As per agreement dated 25.2.2011, the land measuring 2¼ marlas along with house and shops constructed thereon have already been transferred in the name of the wife and minor son vide sale deed dated 18.3.2011. The wife has stated that complaint under Section 12 of the Domestic Violence Act, filed by her, pending in the court of Civil Judge (Junior Division), Pathankot, be dismissed as not pressed, in terms of the settlement arrived at between the parties. The appellant, who is present in person, submitted that she does not want to pursue the present appeal and the same be dismissed as withdrawn in view of compromise between the parties. In view of the above, the appeal filed by the appellant is dismissed as withdrawn. The parties will abide by the compromise arrived between them and the statement referred to above. Copy of the order be sent to the learned Civil Judge (Junior Division), Pathankot, to dispose of the complaint referred to in the statement of the parties as withdrawn. 9.5.2011 (Rajesh Bindal) vs Judge