Research › Search › Judgment

Punjab High Court · body

2011 DIGILAW 910 (PNJ)

Ajay Charkarwarti v. Parveen Nagpal

2011-03-23

RAJESH BINDAL

body2011
JUDGMENT Rajesh Bindal, J. - Challenge in the present appeal by the husband is to the judgment and decree dated 9.1.2007 of the learned court below whereby petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was dismissed. 2. Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 14.10.2002 at Rewari. One daughter namely Purva was born out of the wedlock, who is now residing with the mother. Due to temperamental differences, the parties could not pull on together. They are living separate since 2004. 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 dismissed by the learned Additional District Judge, Rewari, on 9.1.2007. Thereafter, the husband filed the present appeal before this court. 3. During the pendency of the appeal before this court, the matter was compromised on 18.12.2010. Thereafter, the petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent. 4. As per compromise, both the parties were present in person in court today. They have been identified by their respective counsels. In terms of the settlement, they have made statement before this court, which is extracted as under:- “Our marriage was solemnised as per Hindu rites on 14.10.2002 at Rewari. Out of our wedlock one daughter, namely, Purva was born. Due to the temperamental differences, we could not live together. We are living separate since 2004. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Rewari, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 9.1.2007. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 18.12.2010. As per compromise, the parties decided to part ways. As per the settlement, the parties will withdraw all the cases filed by them against each other and their respective family members. The daughter will remain in the custody of the mother and husband will not claim her custody at any stage. The wife has received a sum of ` 1,50,000/-on behalf of the minor daughter. As per the settlement, the parties will withdraw all the cases filed by them against each other and their respective family members. The daughter will remain in the custody of the mother and husband will not claim her custody at any stage. The wife has received a sum of ` 1,50,000/-on behalf of the minor daughter. They will not indulge each other in any litigation in future concerning the marriage. We have no objection if a decree of divorce by way of mutual consent is passed.” 5. It has been agreed between the parties that daughter Purva will remain in the custody of the mother and husband will not claim her custody at any stage. The wife has received a sum of ` 1,50,000/-on behalf of the minor daughter. It has further been agreed that the civil and criminal litigation arising out of the present matrimonial dispute between the parties 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. In view of the above, the appeal is disposed of and a decree of divorce by way of mutual consent is passed, dissolving the marriage of Ajay Charkarwarti son of Kashmiri Lal and Parveen Nagpal daughter of Chiman Lal. The judgment of learned Court below is modified to the extent mentioned above. Decree sheet be prepared.