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2011 DIGILAW 218 (PNJ)

Deep Inder Singh v. Zamir Pal Kaur

2011-01-19

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 husband-appellant under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage 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. 2. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites (Anand Karaj) on 26.1.1996 at Moga. Out of their wedlock, one daughter namely Shaan Kaur, was born on 9.1.1997. Due to temperamental differences, the parties could not pull on together. They are living separate since 2000. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Moga, on 3.3.2006. This judgment and decree has been impugned by the husband before this court. 3. During the pendency of the appeal before this court by the husband, the matter in dispute was compromised. The compromise deed dated 4.10.2010, has been placed on record as Annexure-A. 4. 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 (Anand Karaj) on 26.1.1996 at Moga. Out of wedlock one daughter, namely, Shaan Kaur, was born on 9.1.1997. Due to the temperamental differences, we could not live together. We are living separate since 2000. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Moga, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 3.3.2006. During the pendency of appeal before this court by the husband, the matter in dispute was compromised. A compromise deed has been reduced into writing on 4.10.2010, which has been produced in the court. As per compromise, the parties decided to part ways. As per the settlement, daughter Shann Kaur will remain in the custody of the father. It has further been agreed that the wife will have visiting rights for the daughter. A compromise deed has been reduced into writing on 4.10.2010, which has been produced in the court. As per compromise, the parties decided to part ways. As per the settlement, daughter Shann Kaur will remain in the custody of the father. It has further been agreed that the wife will have visiting rights for the daughter. It has been understood that the husband will leave the child at his in-law's house which is located nearby on alternate Sunday every month at 11.00 am and take back at 4.00 pm on the same day from there. The parties will not indulge each other in any litigation with regard to matrimonial dispute. We will abide by the terms of settlement arrived at between us on 4.10.2010. We have no objection if a decree of divorce by way of mutual consent is passed.” 5. 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 is not claiming any maintenance from the husband. Daughter Shann Kaur will remain in the custody of the father. The wife will have visiting rights for the daughter. They have agreed that the husband will leave the child at his in-law's house, which is located nearby, on alternate Sunday every month at 11.00 am and take back at 4.00 pm on the same day from there. The parties will not indulge each other in any other litigation with regard to matrimonial dispute. They will abide by the terms of settlement dated 4.10.2010. They have no objection if the 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 Deep Inder Singh son of S. Malvinder Singh and Zamir Pal Kaur daughter of S. Sohan Singh. The judgment and decree of the learned counsel below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared.