FAO No. M-170 of 2008 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-170 of 2008 (O&M) Date of decision : 30.8.2010 Shivjeet Singh ..... Appellant vs Kuldeep Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. K. L. Kohli and Mr. G. D. Gupta, Advocates, for the appellant. Mr. IPS Kohli, 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 dimissed. 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 18.2.2002 at Village Badbar, Tehsil Barnala, District Sangrur. One male child, namely, Rajan alias Charanshiv Raj Singh was born out of the wedlock on 14.12.2002. Due to temperamental differences, the parties could not pull on together. They are living separate since 13.2.2005. Petition filed by the husband on 29.3.2005 for dissolution of marriage was dismissed by the learned Additional District Judge, Chandigarh, on 10.3.2008. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal before this court, the matter was compromised between the parties. The terms of the compromise are as under:- “1. That due to incompatibility of the habits, the parties have not been able to live together despite advice and help of the parents and other nobles and they have decided to apply for the conversion of the divorce petition u/s 13 to that under section 13-B of the Hindu Marriage Act 1955 and to make a prayer to this Hon'ble High Court to waive FAO No. M-170 of 2008 -2- off the waiting period of 6 months and grant the decree of divorce by dissolution of marriage u/s 13-B of the Hindu Marriage Act 1955. 2. That the parties have decided that the other pending litigation between them as described above shall be withdrawn by the party concerned. 3. That it is mutually agreed between the parties that 1st party i.e. Shivjeet Singh and / or Rupinder Kaur and any of his family members shall have no concern whatsoever on the lives of party no. 2 i.e. Kuldeep Kaur and minor son Charan Shivraj Singh. Further 1st party shall not interfere in the life of minor son Charan Shivraj Singh. 4. That it is mutually agreed between the parties that after the divorce between the parties, both parties shall be at liberty to take their decisions about their lives including matrimonial affairs. 5. That the second party has agreed to accept a sum of Rs. 9.00 lacs in the shape of two demand drafts dated 27.05.2010 one for Rs. 5.00 lacs in the name of the 1st party and the second draft of Rs. 4.00 lacs in the name of Charan Shivraj Singh minor through guardian Kuldeep Kaur to be placed in fixed deposit until the age of his majority and true copy of that fixed deposited before the Registrar, Punjab and Haryana High Court, Chandigarh. 6. That the custody of the minor Charan Shivraj shall continue to remain with the second party namely Kuldeep Kaur and the said amount of Rs. 4.00 lacs shall be utilized for his benefit. 7. That it has been agreed between the parties that the minor Charan Shivraj shall have the said amount of Rs. 4.00 lacs and the interest accruing thereupon in lieu of all types of maintenance and he shall not claim on attaining majority or otherwise any share in the self acquired or the ancestral property of the 1st party or his parents. The said amount of Rs. 4 lacs shall be kept in fixed deposit with some Nationalized Bank. The said two demand drafts will be given by the first party to the second party on the grant FAO No. M-170 of 2008 -3- of decree of divorce u/s 13-B of the Hindu Marriage Act in favour of the first party. 8. That the parties shall maintain quietus and shall not involve or interfere with each other or their parents or their relations in future in any matter including any claim.” Today both the parties are present in person in court. They have been identified by their respective counsels. As agreed between the parties, they 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 on 18.2.2002 at village Badbar, Tehsil Barnala, District Sangur. A male child was born out of the wedlock. We are living separate since 13.2.2005. Number of efforts made for reconciliation failed. A petition filed by the husband before the Additional District Judge, Chandigarh, under section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”) for dissolution of marriage was dismissed on 10.3.2008. In appeal before this Court, the matter in dispute was compromised and the parties decided to part ways. As per the settlement, the respondent-wife had received two demand drafts of ` 9 lacs, one for ` 5 lacs in the name of wife and second draft of ` 4 lacs in the name of minor son to be kept in a fixed deposit until the age of his majority. It is agreed that the wife will withdraw the cases lodged against the husband and his family members. It is also agreed that the child will remain in the custody of wife. 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 has received ` 9 lacs, by way of two bank drafts of ` 5 lacs and ` 4 lacs for herself and on behalf of minor son Rajan alias Charanshiv Raj Singh respectively, as agreed between the parties. The parties will withdraw all civil and criminal litigation pending between them. They have no objection if the decree of divorce by way of mutual consent is passed. FAO No. M-170 of 2008 -4- 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 Shivjeet Singh son of Ajinder Pal Singh and Kuldeep Kaur daughter of Surjit Singh Chahal. The judgment of learned counsel below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared. 30.8.2010 (Rajesh Bindal) vs Judge