FAO No. M-282 of 2008 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-282 of 2008 (O&M) Date of decision : 1.10.2010 Rakesh Gupta ..... Appellant vs Preeti Gupta ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjay Jain, Advocate, for the appellant. Mr. Sumeet Goel, 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 respondent wife under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was allowed. 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 24.5.2006 at Ambala. Out of the wedlock no child was born. Due to temperamental differences, the parties could not pull on together. They are living separately since February 2007. Petition filed by the wife for dissolution of marriage under Section 13 of the Act, was allowed by the learned Additional District Judge, Ambala, on 30.10.2008. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal before this court, the matter was compromised on 22.3.2010. As per the compromise, both the parties will withdraw all the cases filed by them against each other and their respective family members. It was also settled that they will file joint petition for dissolution of marriage by way of mutual consent. The wife has received all dowry articles. It was also decided that husband will pay a sum of ` 7,00,000/- to the respondent wife on account of permanent alimony. Out of that amount, she has received a sum of ` 5,00,000/- and the remaining amount will be paid at the time of final statement. Today both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties FAO No. M-282 of 2008 -2- 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 24.5.2006 at Ambala. Out of our wedlock no child was born. Due to the temperamental differences, we could not live together. We are living separate since February 2007. Number of efforts made for reconciliation failed. Petition filed by the wife before the Additional District Judge, Ambala, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was allowed on 30.10.2008. During the pendency of appeal before this court by the husband, the matter in dispute was compromised. As per the said compromise, the parties decided to part ways vide compromise dated 22.3.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members. The wife has received all the dowry articles. She has received a sum of ` 7,00,000/-, on account of permanent alimony from the husband. Earlier the wife has received ` 5,00,000/- and today she has received the balance amount of ` 2,00,000/- vide bank draft no. 000280 dated 22.3.2010. FIR No. 166 dated 13.7.2007 got registered by the wife against the husband and his family members under Sections 406, 498-A, 323, 506 IPC with Police Station, Parao, Ambala Cantt. has been quashed by this Hon'ble Court today in CRM No. M-10391 of 2010. 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 wife has received the balance amount of ` 2,00,000/- by way of a bank draft No. 000280 dated 22.3.2010 drawn on Axix Bank, Ambala City. Today, this court in CRM No. M-10391 of 2010 has quashed FIR No. 166 dated 13.7.2007 got registered by the wife against the husband and his family members under Sections 406, 498-A, 323, 506 IPC with Police Station, Parao, Ambala Cantt. FAO No. M-282 of 2008 -3- 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 Rakesh Gupta son of Sham Lal Gupta and Preeti Gupta daughter of Jitender Gupta. 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