Research › Search › Judgment

Punjab High Court · body

2011 DIGILAW 1028 (PNJ)

Harpal Singh v. Taranpreet Kaur

2011-04-07

RAJESH BINDAL

body2011
JUDGMENT 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 19.7.2010. 2. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites (Anand Karaj) on 28.7.1999. Out of the wedlock one female child namely Gurpreet Kaur was born on 22.2.2001, who is presently residing with the father. Due to temperamental differences, the parties could not pull on together. They are living separate since 5.6.2005. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Barnala, on 19.7.2010. 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 24.01.2011. The petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. 3. As per the agreement, a sum of 12,00,000/- was settled as permanent alimony to be paid to the wife by the husband. She had received 6,00,000/- on 14.3.2011. Today both the parties were present in person in court along with their respective fathers. They were identified by their respective counsels. Their joint statement was recorded in the court. The same was even endorsed by the fathers of both the parties. The text of the statement is extracted as under:- “Our marriage was solemnized on 28.07.1999. A female child, namely, Gurpreet Kaur was born on 22.02.2001. We are living separate since 05.06.2005. A divorce petition filed by the husband was dismissed by the Additional District Judge, Barnala, against which the 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 and the same was mutually settled on 24.01.2011. The compromise was duly signed by the parties and their counsel. Both the parties will abide by the terms of the compromise. The wife has already received a sum of 6,00,000/- on March 14, 2011 out of 12,00,000/-, settled as permanent alimony. The compromise was duly signed by the parties and their counsel. Both the parties will abide by the terms of the compromise. The wife has already received a sum of 6,00,000/- on March 14, 2011 out of 12,00,000/-, settled as permanent alimony. Balance amount of 6,00,000/- have been paid toady by the husband to the wife by way of demand draft Nos. 016511 and 016447 dated 12.03.2011 and 07.03.2011 respectively drawn on HDFC Bank Limited, Sirsa amounting to 3,00,000/- each. In terms of Para No.4 of the compromise, wife is to vacate the house in her possession at village Manal, which is in ownership of Balwinder Singh, father of the husband. It has been mutually agreed by us that at 12.00 noon, both the parties will be present at the house. Sarpanch of village will also be requested to present there and in his presence, the wife shall remove a TV set, a cooking gas burner along with cylinder and her personal apparels and thereafter hand over keys of the house to the husband or any of his family member, present at the spot. Complaints, application and civil suit filed by the wife, as detailed under, shall be dismissed as withdrawn in view of the settlement between the parties:- Complaint case titled Taranpreet Kaur Vs. Harpal Singh under Section 307 IPC, pending in the court of CJM, Barnala. Complaint case titled Taranpreet Kaur Vs. Harpal Singh under Section 12 of the Domestic Violence Act pending in the court of JMIC, Barnala. Application titled Taranpreet Kaur Vs. Harpal Singh under Section 125 Cr.P.C. pending in the court of CJM, Baranal. Civil Suit titled Taranpreet Kaur Vs. Harpal Singh pending at Barnala. A complaint filed by the father of the husband, namely, Balwinder Singh against the wife pending in the court of CJM, Barnala shall also be treated as not pressed and disposed of in terms of the settlement arrived at between the parties. We have no objection in case the decree of divorce by way of mutual consent is passed dissolving the marriage between the parties.” 3A. 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 balance amount of 6,00,000/- by way of demand draft Nos. 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 balance amount of 6,00,000/- by way of demand draft Nos. 016511 and 016447 dated 12.03.2011 and 07.03.2011 respectively drawn on HDFC Bank Limited, Sirsa amounting to 3,00,000/- each. It has also been agreed that the custody of minor daughter Gurpreet Kaur will remain with the father and mother will not claim any visiting rights or her custody at any time in future. 4. It has further been agreed between the parties that the wife will vacate the house in her possession at village Manal, which is in ownership of Balwinder Singh, father of the husband. On the agreed date in the presence of Sarpanch of village, the wife shall remove a TV set, a cooking gas burner along with cylinder and her personal apparels and thereafter hand over keys of the house to the husband or any of his family member, present at the spot. 5. As per the settlement, both the parties have made statement that they do not want to pursue the cases filed by them against each other and their respective family members i.e. complaint case titled Taranpreet Kaur vs Harpal Singh under Section 307 IPC and application titled Taranpreet Kaur vs Harpal Singh under Section 125 Cr.P.C, pending in the court of CJM, Barnala, a complaint titled Taranpreet Kaur vs Harpal Singh under Section 12 of the Domestic Violence Act pending in the court of JMIC, Barnala, and Civil Suit titled Taranpreet Kaur vs Harpal Singh pending at Barnala filed by Taranpreet Kaur and complaint filed by the father of the husband, namely, Balwinder Singh against the wife pending in the court of CJM, Barnala be dismissed as withdrawn in view of compromise. 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. 6. 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 Harpal Singh son of Balwinder Singh and Taranpreet Kaur daughter of Mohar Singh. The judgment of learned counsel below is set aside. 7. The appeal stands disposed of accordingly. Decree sheet be prepared. 8. 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 Harpal Singh son of Balwinder Singh and Taranpreet Kaur daughter of Mohar Singh. The judgment of learned counsel below is set aside. 7. The appeal stands disposed of accordingly. Decree sheet be prepared. 8. Copies of this order be sent to the Chief Judicial Magistrate, Barnala and Judicial Magistrate 1st Class, Barnala, to dispose of the cases pending before them, referred to above, as compromised.