Punjab-Haryana High Court
Shiwani vs Vishal Gandhi on 15 December, 2022
FAO-600-2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-600-2022 (O&M)
Date of decision:- 15.12.2022
Shiwani
....Appellant
VS.
Vishal Gandhi
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Appellant in person with Mr. Madan Pal, Advocate.
Respondent in person with Mr. Manoj Tanwar, Advocate.
***
Ritu Bahri, J. (Oral)
CM-17327-CII-2022
The instant application has been filed under Section 151 CPC
for conversion of the above said appeal under Section 13-B of the Hindu
Marriage Act.
Heard. In view of the reasons mentioned in the application
same is allowed.
Main case.
The present appeal has been filed against the judgment and
decree dated 21.01.2022 passed by the Principal Judge, Family Court,
Kaithal, whereby the petition filed by the respondent under Section 13 of
the Hindu Marriage Act, 1955 for dissolution of marriage, has been allowed.
The parties solemnized marriage on 22.11.2008 according to
Hindu rites and ceremonies at Karnal (Haryana). Out of this wedlock, one
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female child was born. On account of temperamental differences, they
started living separately. Ultimately, a petition under Section 13 of Hindu
Marriage Act, 1955 (hereinafter referred to as 'the Act') for dissolution of
marriage was filed and the same was allowed vide judgment and decree
dated 21.01.2022.
On 24.11.2022, this Court passed the following order:-
"Today, both the parties are present in
Court today with their counsels and their first motion
statements have been recorded to the effect that they have
resolved their dispute in the Mediation and Conciliation
Centre of this Court on 14.10.2022. As per the
statements, the respondent-husband has agreed to pay
Rs.6,75,000/- towards the permanent alimony (past,
present and future maintenance) to the appellant-wife.
Out of agreed amount, Rs.2,00,000/- has been handed
over to the appellant-wife on 14.11.2022. Today, again a
demand draft of Rs.2,00,000/- is given to her. Respondent
agreed to pay the remaining amount i.e. Rs.2,75,000/- on
the next date of hearing. Appellant wife has no objection
if the custody of the minor girl-Aastha, aged about 12
years, is handed over to the respondent-husband.
Appellant-wife also undertakes to withdraw the petition
filed by her under Section 125 Cr.P.C which is pending
before the Ld. Court at Karnal. She states that she has no
objection if the respondent-husband is granted the decree
of divorce in terms of the compromise/agreement.
Adjourned to 15.12.2022, for recording of second
motion statement."
On 24.11.2022, the parties have got recorded their statement
before this Court. Thereafter, the matter was adjourned to 15.12.2022 for
recording of second motion statement of the parties.
Today, both the parties are present in Court with their counsels
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and their statements have been recorded to the effect that the appellant-wife
has received Rs.2.75 Lacs by way of demand draft as the last installment of
full and final payment of Rs.6,75,000/- towards permanent alimony (past,
present and future maintenance) and she has no objection if the custody of
the minor child, namely, Aastha, aged about 12 years is handed over to the
respondent-husband.
Accordingly, present appeal has been treated as petition under
Section 13-B of the Act and the same is allowed and judgment and decree
21.01.2022 passed by the Principal Judge, Family Court, Kaithal, is set
aside. Divorce is granted to the parties, by way of mutual consent. However,
the parties shall remain bound by the terms and conditions of the
compromise dated 14.10.2022. Decree sheet be prepared accordingly.
Since the main appeal stands allowed, civil misc. applications,
if any, shall also stand disposed of.
( RITU BAHRI )
JUDGE
15.12.2022 ( MANISHA BATRA)
pooja saini JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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