FAO No. 145-M of 2006 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 145-M of 2006 (O&M) Date of decision : 2.8.2010 Sukhvinder Singh ..... Appellant vs Smt. Balvinder Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. K. Bansal, Advocate, for the appellant. Mr. Agam Jund, 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 Sikh rites (Anand Karaj) on 25.5.2003 at Delhi. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They started living separate just few months after the marriage. Petition filed by the appellant in the year 2004 for dissolution of marriage was dismissed by the learned Additional District Judge, Kurukshetra, on 25.4.2006. Thereafter, the appellant husband filed present 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 13.5.2010. Statements of the parties regarding settlement arrived at between them are as under:- “Statement of appellant-husband Sukhwinder Singh. “I have settled the dispute with my wife-Balvinder Kaur and in consideration of this settlement, I have returned the dowry articles i.e. 1 double Bed, 1 Almirah, 1 Dressing table to the respondent, Bilty of the same has FAO No. 145-M of 2006 -2- been handed over to her. In addition, I have also handed over one Demand Draft No. 261287 dt. 10.05.2010 for Rs. 70,000/- drawn on Oriental Bank of Commerce, Service Branch, Delhi to the respondent as full and final settlement towards her all claims including permanent alimony. Let the judgment and decree dated 25.04.2006 passed by Sh. Kuldeep Jain, Additional District Judge, Kurukshetra be modified and a decree of divorce be granted accordingly.” Statement of Balvinder Kaur-respondent wife. “I have heard the statement of my husband Sukhwinder Singh and I agree with the statement given by him today. I have received the Original bilty of Amar Goods Carrier, Pehowa and have also received the demand draft of Rs. 70,000/- issued in my favour. I have no objection, if the judgment and decree dt. 25.04.2006 passed by Sh. Kuldeep Jain, Additional District Judge, Kurukshetra is modified and the decree for divorce be granted accordingly.” Today both the parties are present in person in court. They have been identified by their respective counsels. As agreed between the parties, the parties have filed petition for dissolution of marriage by way of mutual consent. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Sikh rites (Anand Karaj) on 25.5.2003 at Delhi. No child was born out of our wedlock. We are living separate since 2003. Number of efforts made for reconciliation failed. A petition filed by the husband before the Additional District Judge, Kurukshetra, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed on 25.4.2006. In appeal before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court on 13.5.2010 where after number of meetings, the parties could not decide to live together and matter could not be reconciled and the parties decided to part ways. As per the settlement, the appellant had received the dowry articles and also demand draft no. 261287 dated 10.5.2010 for ` FAO No. 145-M of 2006 -3- 70,000/- drawn on Oriental Bank of Commerce, Service Branch, Delhi, as full and final settlement towards her all claims including permanent alimony. There is no other litigation pending between the parties. 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. 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 Sukhvinder Singh son of Harvinder Singh and Smt. Balvinder Kaur daughter of Dalbir Singh. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 2.8.2010 (Rajesh Bindal) vs Judge