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2011 DIGILAW 870 (PNJ)

Kiranjeet Kaur @ Jasbir Kaur v. Balraj Singh

2011-03-21

RAJESH BINDAL

body2011
JUDGMENT Rajesh Bindal J. - Challenge in the present appeal by the wife is to the judgment and decree dated 16.5.2005 of the learned court below whereby petition filed by the respondent husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was allowed. 2. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 19.9.1999 at Patiala. One son born out of wedlock, who is now residing with the mother. Due to temperamental differences, the parties could not pull on together. They are living separate since October 2002. Number of efforts made for reconciliation failed. Petition filed by the husband for dissolution of marriage by way of decree of divorce under Section 13 of the Act was allowed by the learned Additional District Judge, Sangrur, on 16.5.2005. Thereafter, the wife filed the present appeal before this court. 3. During the pendency of the appeal before this court, the matter in dispute was compromised between the parties. The compromise filed today in court has been taken on record. Both the parties were present in person in court today. They have been identified by their respective counsels. In terms of the settlement, the wife has received a sum of ` 3,00,000/-as permanent alimony for herself and for the minor son. She has also received gold ear rings and bracelet and a sum of ` 31,800/-in lieu of other dowry articles. A receipt in this regard has been given on the compromise annexed with the present appeal. 4. 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 i.e. application under Section 125 Cr.P.C. and 128 Cr.P.C. filed by the wife, pending in the court of Judicial Magistrate 1st Class, Patiala and the application filed by the husband for custody of minor son pending in the court of Civil Judge (Senior Division), Patiala, be dismissed as withdrawn in view of compromise. 5. As the matter in dispute has been compromised, the appellant submitted that the present appeal be dismissed as withdrawn. 6. Copies of this order be sent to Civil Judge (Senior Division) Patiala and Judicial Magistrate 1st Class, Patiala, to dispose of the cases pending before them, referred to above, as per compromise.