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2013 DIGILAW 1107 (PNJ)

Jagmeet Singh v. Ramandeep Kaur

2013-08-20

BHARAT BHUSHAN PARSOON, RAJIVE BHALLA

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JUDGMENT RAJIVE BHALLA, J. The present petition has been filed under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), for dissolution of marriage by mutual consent. The parties to this appeal were married on 18.11.2004 as per Sikh rites. On account of matrimonial differences, parties initiated civil and criminal proceedings against each other. The appellant filed a petition under Section 13 of the Act, for grant of divorce, which was dismissed by the Additional District Judge, Gurdaspur on 13.08.2010. The appellant-husband has filed the present appeal. During pendency of the appeal, parties were asked to appear before the Mediation & Conciliation Centre of this Court. With the able assistance of the Mediator parties have arrived at a compromise in the following terms:- "1. That both the parties have decided to get their marriage dissolved by mutual consent in accordance with law. The appellant-Jagmeet Singh and Ramandeep Kaur-respondent shall make a statement before the Hon'ble High Court for converting the present FAO M-322 of 2010 into under Section 13-B of Hindu Marriage Act and get their marriage dissolve as such. 2. That the appellant and respondent were married on 18.11.2004 and out of the said marriage no child was born. 3. That the appellant Jagmeet Singh shall pay a sum of Rs. 15,00,000 (Rupees Fifteen Lacs only) to Smt. Ramandeep Kaur as full and final settlement towards permanent alimony and maintenance (present, past and future) as well as towards dowry articles etc. 4. The aforesaid payment shall be paid by the appellant to the respondent before the Hon'ble Court on the date as fixed by the Hon'ble Court. 5. That respondent Ramandeep Kaur has agreed that she will have no objection in case the FIR No. 82 dated 23.10.2006 at P.S. Division No. 3 Ludhiana under section 406, 498-A IPC, against Jagmeet Singh appellant and his family members and all subsequent proceedings arising out of the said FIR is quashed and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. Smt. Ramandeep Kaur shall file the necessary affidavit before the Hon'ble Court in this regard and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. The respondent will take further necessary steps for quashing the aforesaid FIR in accordance with Law. 6. Smt. Ramandeep Kaur shall file the necessary affidavit before the Hon'ble Court in this regard and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. The respondent will take further necessary steps for quashing the aforesaid FIR in accordance with Law. 6. That both the parties have agreed that they will withdraw all the civil and criminal cases pending against each other before any court. The respondent shall withdraw the petition under Section 125 Cr. P.C. which is pending before JMIC, Ludhiana, in view of the aforesaid full and final settlement. 7. That the respondent-Ramandeep Kaur is fully satisfied with the aforesaid settlement and will not claim anything else from the appellant in future. Smt. Ramandeep Kaur has also agreed that she will not claim anything from the moveable and immovable property of the appellant. 8. That both the parties are completely satisfied with the aforesaid compromise and will not launch any civil/criminal case against each other in future. 9. That both the parties have agreed to abide by the terms and conditions of the aforesaid agreement. 10. That the matter has been settled amicably and voluntarily through the process of mediation." In furtherance to the compromise, parties filed an application for converting the original petition filed under Section 13 of the Act into a petition under Section 13-B of the Act. The application was allowed on 16.11.2012. Statements of Jagmeet Singh Dhillon and Ramandeep Kaur were recorded, in first motion, on 19.02.2013, which read as follows:- "Statement of Jagmeet Singh-appellant: I have filed the petition for grant of divorce by mutual consent, voluntarily of my own free will and without any coercion or fraud. We have decided that it is not possible for us to live together as husband and wife, on account of our temperamental differences. I acknowledge the correctness of the compromise dated 09.07.2012 duly signed by me before Shri Vikrant Sharma, Mediator, and have no objection, if the divorce is granted." "Statement of Ramandeep-respondent: I have filed the petition for grant of divorce by mutual consent, voluntarily of my own free will and without any coercion or fraud. We have decided that it is not possible for us to live together as husband and wife, on account of our temperamental differences. We have decided that it is not possible for us to live together as husband and wife, on account of our temperamental differences. I acknowledge the correctness of the compromise dated 09.07.2012 duly signed by me before Shri Vikrant Sharma, Mediator, and have no objection, if the divorce is granted. I have received a demand draft of Rs. 5 lacs from the appellant, today." The petition was adjourned for six months. Counsel for the parties contend that as parties have not been able to reconcile their differences during the period of six months and are of the firm opinion that there is no possibility of their living together as husband and wife, their marriage may be dissolved by grant of a decree of divorce. Jagmeet Singh Dhillon and Ramandeep Kaur have recorded their statements in the second motion in the following terms: "Statement of Jagmeet Singh-appellant: I acknowledge the settlement and have no objection if the marriage with Ramandeep Kaur is dissolved by grant of a decree of divorce by mutual consent. During the past six months, we have not been able to reconcile our differences and am still of the firm opinion that we cannot live together as husband and wife. I pray that my marriage with Ramandeep Kaur may be dissolved by granting a decree of divorce by mutual consent. I have received two demand drafts, from the Court, bearing Nos. TDG 803599 dated 08.11.2012 and TDG 803718 dated 07.01.2013 amounting to Rs. 5 lacs each and shall hand over the same to Ramandeep Kaur, after validation, within 15 days from today." "Statement of Ramandeep Kaur-respondent: I acknowledge the settlement and have no objection if my marriage with Jagmeet Singh Dhillon is dissolved by grant of a decree of divorce by mutual consent. During the past six months, we have not been able to reconcile our differences and am still of the firm opinion that we cannot live together as husband and wife. I pray that my marriage with Jagmeet Singh Dhillon may be dissolved by granting a decree of divorce by mutual consent." We have heard counsel for the parties, perused statements made in first and second motion and after interacting with the parties, are of the opinion that there is no possibility of their living together as husband and wife. I pray that my marriage with Jagmeet Singh Dhillon may be dissolved by granting a decree of divorce by mutual consent." We have heard counsel for the parties, perused statements made in first and second motion and after interacting with the parties, are of the opinion that there is no possibility of their living together as husband and wife. The appellant and the respondent have arrived at a considered decision, to put an end their marriage enabling them to move ahead in their lives leaving behind this unfortunate chapter. In view of what has been stated hereinabove, the petition is allowed, marriage between the parties is dissolved by grant of a decree of divorce by mutual consent. Two demand drafts bearing Nos. TDG 803599 dated 08.11.2012 and TDG 803718 dated 07.01.2013 amounting to Rs. 5 lacs each have been returned to Jagmeet Singh Dhillon for validation. The demand drafts shall be validated and handed over to Ramandeep Kaur within 15 days from today. In case of any further directions, parties shall be at liberty to approach this Court. Decree-sheet will be drawn up, accordingly.