F.A.O.No.M-351 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.M-351 of 2010(O&M) Date of Order: 03.05.2013 Vijay Pal Singh ...Appellant Versus Nisha @ Mona ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. M.S.Sindhu, Advocate, for the appellant. Mr. P.R.Yadav, Advocate, for the respondent. RAJIVE BHALLA, J (Oral) Parties to these proceedings, namely, Vijay Pal Singh son of Harpal Singh and Nisha @ Mona, were married as per Hindu rites on 30.01.2005, but on account of matrimonial differences, Vijay Pal Singh filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the 1955 Act') for grant of a decree of divorce. The Additional District Judge, Rewari, dismissed the petition vide judgment and decree dated 11.08.2010. Aggrieved by the dismissal of his petition, Vijay Pal Singh has filed the present appeal. The parties were asked to appear before the Mediation and Conciliation Centre, of this Court, but as mediation proceedings did not succeed, the appeal was admitted on 08.09.2011. Vijay Pal Singh, filed C.M.No.27010-CII of 2012, praying that after the intervention of close relatives, parties have decided to dissolve their marriage, the original petition filed under Section 13 of the 1955 Act, may, therefore, be altered to a petition under Section 13-B of F.A.O.No.M-351 of 2010(O&M) -2- the 1955 Act. The application was allowed by passing the following order, on 02.11.2012:- “ C.M. No.27010-CII of 2012 Prayer in this application is to alter the petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short, ‘the 1955 Act’) to a petition under Section 13-B of the 1955 Act. Counsel for the parties, on instructions from the appellant and the respondent, who are present in Court, pray that the application may be allowed and the original petition filed under Section 13 of the 1955 Act, may be altered to a petition under Section 13-B of the 1955 Act. Allowed as prayed for. C.M. No.27011-CII of 2011 & FAO No.M-351-M of 2010 Applicant No.1, Vijay Pal Singh and applicant No.2, Nisha @ Mona daughter of Vinay Kumar Yadav, are present in Court, alongwith their respective counsel, and pray that as they have resolved their differences and decided to dissolve the marriage by mutual consent, the petition may be allowed and their marriage may be dissolved. Vijay Pal Singh, applicant No.1, has handed over a demand draft of ` 8,50,000/- to the respondent, in furtherance of the settlement arrived F.A.O.No.M-351 of 2010(O&M) -3- between parties. Vijay Pal Singh states that his affidavit, accompanying the application, may be read as his statement in first motion. Nisha @ Mona, applicant No.2, states that her affidavit accompanying the petition, may be read as her statement in first motion. We have heard counsel for the parties, perused the petition as well as affidavits filed by the applicants and are, prima facie, satisfied that there is no possibility of the applicants residing together. Adjourned to 3.5.2013 for recording of statements in second motion.” A relevant extract from the affidavit dated 10.10.2012, filed by Vijay Pal Singh, in first motion, reads as follows:- “2. That now with the intervention of close relatives of the parties the matter has been settled amicably and it has been decided with consent to dissolve the marriage between the appellant and respondent as both are living separately since 28.06.2005 and the marriage between the parties has practically broken down. 3. That other litigations pending between the parties have also been settled/decided and details of which are as under:- i) In FIR No.32 dated 5.2.2007 u/s 498-A, 34 IPC, P.S.Thol, District Rewari, F.A.O.No.M-351 of 2010(O&M) -4- applicant/appellant and his father have been acquitted by Ld. Judicial Magistrate Ist Class, Rewari, vide judgment dated 4.7.2012. ii) In criminal Complaint No.162/07 filed u/s 120- B, 342, 406, 467, 498-A, 506 IPC-the applicant/appellant alongwith six co-accused stands discharged by the learned Judicial Magistrate Ist Class, Rewari vide order dated 4.7.2012. iii) Complaint Case No.29, dated 13.11.2007 filed u/s 125 Cr.P.C. Against the applicant/appellant has been dismissed as withdrawn vide order dated 26.7.2012 by Ld. Addl. Civil Judge, Rewari. 4. That the marriage between the parties was solemnized on 30.1.2005 and the respondent remained at matrimonial house upto 28.5.2005 and since then she is residing with her parents, therefore, virtually the marriage has irretrievably broken down between the parties and there is no chance of living together as husband and wife. 5. That both the parties have finally settled the permanent alimony also and the respondent-wife will receive an amount of Rs.8,50,000/-(Rs. Eight Lacs and fifty thousand only) from the applicant/appellant as full and final settlement and a F.A.O.No.M-351 of 2010(O&M) -5- Demand Draft No.669724 Dated 08.10.2012 State Bank of Bikaner & Jaipur has been prepared by the applicant/appellant and no claim is pending against any one of the parties. It is necessary to mention here that no child has been born from the wedlock between the parties.” The affidavit, dated 10.10.2012, filed by Nisha @ Mona is similar to the affidavit filed by Vijay Pal Singh and, therefore, does not require reproduction. The case was, thereafter, adjourned for six months to enable parties to reconsider the matter. Vijay Pal Singh son of Harpal Singh and Nisha @ Mona wife of Vijay Pal Singh, are present in Court, along with their respective counsel and state that after reconsideration of the matter, they are still of the firm view that their marriage should be dissolved. Accepting this submission, statements, in second motion, by way of separate affidavits, dated 03.05.2013, were recorded, and taken on record. Counsel for the parties, pray that as parties have not been able to reconcile their differences and are of the firm opinion that their marriage has no future and the prayer for dissolution of marriage does not suffer from any legal impediment, the marriage may be dissolved by grant of a decree of divorce by mutual consent. We have heard counsel for the parties, perused the pleadings, the affidavits and statements and after interacting with the parties, are of the opinion that there is no possibility of the parties reconciling their differences or residing together as husband and F.A.O.No.M-351 of 2010(O&M) -6- wife. The differences between the parties are irreconcilable and the best course available to them is to bring their unfortunate marriage, to an end. The prayer for grant of a decree of divorce does not suffer from any legal impediment much less any fraud, undue influence or coercion. In view of what has been stated hereinabove, the appeal is allowed, judgment and decree dated 11.08.2010, passed by the Additional District Judge, Rewari, is set aside and the petition for grant of a decree of divorce by mutual consent is allowed. The marriage between Vijay Pal Singh and Nisha @ Mona is dissolved under Section 13-B of the 1955 Act. Decree sheet be drawn up accordingly. No order as to costs. (RAJIVE BHALLA) JUDGE May 03, 2013 (PARAMJEET SINGH) nt JUDGE