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2011 DIGILAW 98 (PNJ)

Naresh Gupta v. Puneet Gupta

2011-01-10

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 on 11.10.2000 as per Hindu rites at Ambala Cantt. Out of the wedlock one daughter, namely, Ms. Kirti Gupta, was born. Due to temperamental differences, the parties could not pull on together. They are living separate since 27.6.2005. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Chandigarh, on 6.1.2010, which judgment and decree has been impugned by the husband before this court. 3. During the pendency of the appeal before this court to explore possibility of reconciliation, the matter was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 21.9.2010. As per compromise, daughter, namely, Ms. Kirti Gupta will remain in the custody of the mother. A sum of ` 8,00,000/- was settled as permanent alimony for the wife and the daughter. 4. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:- “Our marriage was solemnised as per Hindu rites on 11.10.2000 at Ambala Cantt. Out of our wedlock one daughter, namely, Ms. Kirti Gupta, was born on 26.10.2002. Due to the temperamental differences, we could not live together. We are living separate since 27.6.2005. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Chandigarh, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 6.1.2010. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 21.9.2010 before the Mediation and Conciliation Centre in the High Court. 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. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 21.9.2010 before the Mediation and Conciliation Centre in the High Court. 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 child, namely, Kirti Gupta, will remain in the custody of the mother. ` 8,00,000/-were settled as permanent alimony for the wife and the daughter. Out of which ` 3,00,000/-were paid on 15.11.2010 in the Hon'ble High Court vide bank draft no. 971258 dated 12.11.2010, ` 3,00,000/-before the trial court at Ambala City vide draft no. 228195, ` 1,00,000/-vide bank draft no. 228194 both in the name of Puneet Gupta wife and ` 1,00,000/-vide bank draft no. 228193 in the name of Ms. Kirti Gupta daughter all drawn on State Bank of Patiala, Ambala Cantt. dated 5.1.2011 in this Hon'ble High Court). The wife has further agreed that neither she will get restored the execution petition filed by her, which was dismissed in default nor she will file fresh application for execution of order passed in a petition under Section 125 Cr.P.C. Both the parties will abide by the terms of settlement arrived at before the Mediation and Conciliation Centre in the High Court on 21.9.2010. They will not indulge each other in any litigation concerning the marriage. A petition has been filed by the husband and his family members for quashing of FIR No. 39 dated 10.2.2006, under Sections 406, 498-A, 506, 34 IPC registered at Police Station, Mahesh Nagar, Ambala Cantt. The matter was referred to the learned Magistrate for recording the statements of the parties, where the same have been recorded. The wife will not have any objection to the quashing of the aforesaid FIR. In case she is required to appear in person for the purpose, she will appear on an intimation to that effect. However, in case of nonappearance, her consent shall be deemed to have been granted. 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. However, in case of nonappearance, her consent shall be deemed to have been granted. 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 has received a sum of ` 8,00,000/-as full and final settlement towards permanent alimony. Out of the aforesaid amount, she has received ` 3,00,000/-on 15.11.2010 in this Court vide bank draft no. 971258 dated 12.11.2010 and ` 3,00,000/-before the trial court at Ambala City vide draft no. 228195 both dated 5.1.2011 and drawn on State Bank of Patiala, Ambala Cantt. The remaining amount of ` 2,00,000/-she has received in the court today vide two bank drafts bearing no. 228194 amounting to ` 1,00,000/-in her name and ` 1,00,000/-vide bank draft no. 228193 in the name of Ms. Kirti Gupta daughter, both dated 5.1.2011 and drawn on State Bank of Patiala, Ambala Cantt. The parties have also agreed to withdraw all civil and criminal cases filed by them against each other. The custody of the daughter will remain with the mother. The parties will abide by the by the terms of settlement arrived at before the Mediation and Conciliation Centre in the High Court on 21.9.2010 and the aforesaid statement made by them. 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 Naresh Gupta son of Mattoo Ram and Puneet Gupta daughter of Vidya Sagar Gupta. The judgment of learned Court below is modified to the extent mentioned above. The appeal stands disposed of accordingly. Decree sheet be prepared.