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2002 DIGILAW 201 (PNJ)

Parwinder Singh v. Balwinder Kaur

2002-02-13

J.S.NARANG

body2002
ORDER J.S. Narang, J. - C.M. is allowed. The petition under Section 13-B of the Hindu Marriage Act presented jointly by the parties alongwith their affidavits are taken on record. 2. The appellant filed the petition under Section 13 of the Hindu Marriage Act for seeking dissolution of marriage solemnised between the parties, on the ground of cruelty and desertion. The marriage between the parties was solemnised in December 1984 in accordance with Sikh rites. The marriage was duly consumated and the parties lived as husband and wife at the house of the husband at Village Moonak. Three children were born out of this wedlock, but none of them survived. Upon the pleadings of the parties issues had been struck and the parties had brought on record oral as well as documentary evidence before the trial Court. Resultantly, the petition filed by the appellant has been dismissed. Dissatisfied with the order dated September 3, 2001, the present appeal has been filed. 3. During the pendency of the appeal, the parties have decided to dissolve this marriage by way of mutual consent and resultantly the petition under Section 13-B of the Hindu Marriage Act has been presented under the joint signatures of the appellant and the respondent. The said petition has been supported by respective affidavits filed by the parties. 4. The petition has been taken up for final hearing today with the consensus of the learned counsel for the parties. The parties have appeared as their own witnesses and their respective statements have been recorded. 5. A perusal of the petition and the statements suffered by the parties, the irresistible conclusion is that they cannot live together and that it shall be in the best interest of both the parties that they dissolve this marriage. Both of them have categorically stated that they are not compatible to each other and therefore would like the marriage to be dissolved. In fact the parties have arrived at a settlement in the presence of the elders in the family and also the elders of the village and resultantly a sum of Rs. 3,75,000/- has been paid by the husband to the wife in full and final settlement of her claim relating to permanent alimony, dowry articles etc. In fact the parties have arrived at a settlement in the presence of the elders in the family and also the elders of the village and resultantly a sum of Rs. 3,75,000/- has been paid by the husband to the wife in full and final settlement of her claim relating to permanent alimony, dowry articles etc. They have also stated that they have been living separately since 1995, as such, no useful purpose would be served for adjourning the hearing of this petition for a period of six months as has been statutorily provided. It is also agreed by the wife that an FIR No. 125 dated 11.8.2001 filed by her under Sections 406, 498-A 120-B of the Indian Penal Code shall be withdrawn. It has also been settled that none of the parties shall initiate any criminal or civil proceedings against each other. However, if any has been initiated, the same shall stand withdrawn accordingly. 6. After hearing the learned counsel for the parties, I am of the considered opinion that it shall be in the best interest of the parties that the marriage between them is dissolved by way of mutual consent. In view of the settlement having been arrived at in respect of the permanent alimony and the dowry articles, no direction in this regard is required to be made and the same is accepted as part of this order. The aforesaid FIR filed by the wife shall be withdrawn by her and in that regard appropriate application shall be filed in the Court wherever it is pending. In view of the above, the petition is allowed and the marriage solemnised between Parwinder Singh and Balwinder Kaur is annulled. The decree be drawn accordingly. Petition allowed.