FAO No. M-92 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-92 of 2010 (O&M) Date of decision : 3.5.2011 Vishnu Dutt Sharma ..... Appellant vs Saroj ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sandeep Singh, Advocate, for the appellant. Mr. Rajbir Singh, 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- husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was dismissed on 22.12.2009. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 18.1.1999 at Village Gheer, District Karnal. Out of the wedlock no child was born. Due to temperamental differences, the parties could not pull on together. They are living separate since April 2005. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned District Judge, Kurukshetra, on 22.12.2009. Thereafter, the appellant husband 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 14.12.2010. The petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. FAO No. M-92 of 2010 -2- As per the agreement, a sum of ` 7,50,000/- was settled as permanent alimony to be paid to the wife by the husband. She had received ` 7,50,000/-, as settled between the parties in two installments i.e. ` 4,00,000/- vide bank draft bearing no. 015787 dated 10.1.2011, and ` 3,50,000/- vide draft no. 06195, drawn on Axis Bank Limited, Karnal. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement was recorded in the court. The text of the statement is extracted as under:- “Our marriage was solemnised, as per Hindu rites on 8.1.1999 at village Gheer, District Karnal. Out of our wedlock no child was born. Due to temperamental differences, we could not live together. We are living separate since April 2005. Number of efforts made for reconciliation failed. Petition filed by the husband before the District Judge, Kurukshetra, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 22.12.2009. During the pendency of appeal filed by the husband before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 14.12.2010. As per compromise, the parties decided to part ways. The husband has paid ` 7,50,000/- to the wife, as settled between the parties in two installments i.e. ` 4,00,000/- vide bank draft bearing no. 015787 dated 10.1.2011, and ` 3,50,000/- vide draft no. 06195, drawn on Axis Bank Limited, Karnal. We will not indulge each other or their family members in any litigation in future relating to the matrimonial dispute. We have no objection if a decree of divorce by way of mutual consent is passed. ” FAO No. M-92 of 2010 -3- 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 permanent alimony as settled. The parties have agreed that they will not indulge each other in any litigation in future concerning the marriage and have no objection if a decree of divorce by way of mutual consent is passed. The parties will abide by the settlement dated 14.12.2010 and the statement referred to above. 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 Vishnu Dutt Sharma son of Krishan Lal Sharma and Saroj daughter of Raj Kumar. The judgment of learned court below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 3.5.2011 (Rajesh Bindal) vs Judge