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2011 DIGILAW 1071 (PNJ)

Inderjit Singh v. Gurdip Kaur

2011-04-19

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 4.11.2009. 2. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 7.1.1999. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since 2007. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, S. A. S. Nagar (Mohali) on 4.11.2009. 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 17.11.2010. The petition converted into a petition under Section 13-B of the Act for divorce by mutual consent. 3. As per the settlement, a sum of ` 12,50,000/-was to be paid as permanent alimony to the wife by the husband. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement was recorded in the court. The text of the statement is extracted as under:- “Out marriage was solemnised as per Hindu rites on 7.1.1999 at Ropar. No child was born out of from our wedlock. Due to the temperamental differences, we could not live together. Number of efforts made for reconciliation failed. We are living separate since 2007. Petition filed by the husband before the Additional District Judge, S.A.S. Nagar (Mohali) under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 4.11.2009. During the pendency of appeal filed by husband, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 17.11.2010. As per compromise, we have decided to part ways. Inderjit Singh has paid a sum of ` 12,50,000/-to the wife towards permanent alimony. During the pendency of appeal filed by husband, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 17.11.2010. As per compromise, we have decided to part ways. Inderjit Singh has paid a sum of ` 12,50,000/-to the wife towards permanent alimony. It has further been agreed that application under Section 125 Cr.P.C. and complaint case titled Gurdeep Kaur vs Inderjit Singh, under Section 12 of the Domestic Violence Act filed by the wife pending in the court of Shri Jaspinder Singh, Civil Judge (Senior Division), Mohali, 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.” 3. 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 ` 12,50,000/-towards permanent alimony. 4. As per the settlement, the wife does not want to pursue the application under Section 125 Cr.P.C. and complaint case titled Gurdeep Kaur vs Inderjit Singh, under Section 12 of the Domestic Violence Act filed by her, pending in the court of Shri Jaspinder Singh, Civil Judge (Senior Division), Mohali, and stated that the same 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. 5. 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 Inderjit Singh son of Balbir Singh and Gurdip Kaur daughter of Harbhajan Singh. The judgment of learned court below is set aside. 6. The appeal stands disposed of accordingly. Decree sheet be prepared. 7. Copy of this order be sent to the Civil Judge (Senior Division), S.A.S. Nagar (Mohali) to dispose of the cases pending before him, referred to above, as compromised.