FAO No. M-277 of 2008 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-277 of 2008 (O&M) Date of decision : 5.8.2010 Ramanjit Singh ..... Appellant vs Gurpreet Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sandeep Arora, Advocate, for the appellant. Mr. O. P. Hoshiarpuri, 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 by way of decree of divorce 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 10.3.2000 at village Chaharke, Jalandhar. One male child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since 2003. Petition filed by the appellant in the year 2003 for dissolution of marriage by way of decree of divorce under Section 13 of the Act was dismissed by the learned Additional District Judge, Jalandhar, on 22.9.2008. Thereafter, the appellant husband filed present appeal before this court. During the pendency of the appeal before this court, the matter was compromised. A sum of ` 10,00,000/- was settled as permanent alimony payable by the husband to the respondent wife. The amount of ` 5,00,000/- was paid to the respondent wife on 20.7.2010 vide bank draft bearing no. 264556 dated 19.7.2010. It was also agreed between the parties, that the balance amount of ` 5,00,000/- shall be paid after the quashing of FIR got registered by the wife against the husband and his family members under Sections 406/498-A IPC. 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 FAO No. M-277 of 2008 -2- filed petition for dissolution of marriage by way of mutual consent. It has also been stated by the counsel for the parties that the FIR got registered by the respondent wife against the husband and his family members was quashed by this court vide order of even date passed in CRM No. M-21818 of 2010 titled as Ramanjit Singh and others vs State of Punjab and another. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Sikh rites (Anand Karaj) on 10.3.2000 at Village Chaharke, Jalandhar. One male child was born out of our wedlock on 25.6.2001, who is presently living with mother. We are living separate since 2003. Number of efforts made for reconciliation failed. A petition filed by the husband before the Additional District Judge, Jalandhar, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was dismissed on 22.9.2008. 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 total amount of ` 10,00,000/- by way of two bank drafts bearing no. 264556 dated 19.7.2010 and 264578 dated 4.8.2010 for ` 5,00,000/- each, as full and final settlement towards her and her minor son's all claims including permanent alimony. Amount of ` 5,00,000/- received by the wife today shall be deposited by her in the name of the minor son in a bank account carrying maximum rate of interest, till he attains the age of majority. 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. Out of the total sum received an amount of ` 5 lacs shall be deposited by the wife in the name of minor son in a nationalized bank in a fixed deposit carrying maximum rate of interest. The deposit shall remain intact till the minor attains the age of majority. The wife shall be at liberty to withdraw interest thereon, if so required for his education, etc. FAO No. M-277 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 Ramanjit Singh son of Surinder Singh and Gurpreet Kaur daughter of Nidhan Singh. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared. 5.8.2010 (Rajesh Bindal) vs Judge