Satish Kumar vs Nirmaljeet
2022 Latest Caselaw 6164 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

232
                                             FAO-M-12-2021 (O&M)
                                             Date of decision : 05.07.2022


Satish Kumar                                                    Appellant

                                 V/S

Nirmaljeet                                                    Respondent


CORAM :      HONBLE MS. JUSTICE RITU BAHRI
             HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present:     Mr. Ankur Malik, Advocate
             for the appellant.

             Mr. Tapish Gupta, Advocate for
             Mr. Puja Chopra, Advocate
             for the respondent.

                                 ****
RITU BAHRI, J. (ORAL)

The present appeal has been filed by the appellant-husband

against the judgment dated 09.03.2021 passed by the Incharge, District

Judge, Ferozepur whereby the petition under Section 13(1) (ib) of the

Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant-

husband for dissolution of marriage on the ground of cruelty and

desertion was dismissed.

In the present case, the marriage between the parties was

solemnized on 16.02.2014 as per Hindu rites at Ferozepur. There is

no child from this marriage. On account of temperamental differences,

they could not pull along together and started living separately. The

appellant-husband had filed petition under Section 13(1) (ib) of the Act

for dissolution of marriage on the ground of cruelty and desertion

which was dismissed vide impugned judgment dated 09.03.2021.

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Against the said judgment, the appellant-husband has preferred the

instant appeal.

Notice of motion in the present appeal was issued on

22.04.2021. On 18.02.2022, Mr. Sachin Jain, Advocate was appointed

as Mediator and the parties were directed to appear before the Mediator

on 02.03.2022. As per the report dated 02.03.2022 of the Mediator, the

parties have amicably settled their dispute. As per the

settlement/compromise dated 02.03.2022, the appellant-husband has

agreed to pay an amount of Rs.13,00,000/- as full and final settlement

towards permanent alimony to the respondent-wife and the parties are

ready to dissolve their marriage under Section 13-B of the Act.

On 29.04.2022 the appellant-husband had handed over a

demand draft of Rs.8,00,000/- and Rs.10,000/- cash to the respondent-

wife and the parties have recorded their first motion statements. On

25.05.2022 the appellant-husband had handed over a demand draft of

Rs.4,90,000/- to learned counsel for the respondent-wife, as the

respondent was not present in the Court. Second motion statement of

the husband was also recorded on that date.

The parties are present in Court today. Learned counsel for

the respondent-wife submits that inadvertently in the

settlement/compromise dated 02.03.2022, reference of 02 criminal

complaints initiated by the appellant-husband against the respondent-

wife was not mentioned. On which the appellant-husband submits that

he will withdraw the said 02 complaints within 03 weeks. The

respondent-wife also brought a laptop in the Court today which is

handed over to the appellant-husband. Second motion statement of the

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respondent-wife has also been recorded.

Since, the statements of the parties have been recorded,

nothing remains due and they have also complied with all the

conditions of settlement/compromise dated 02.03.2022, this Court has

suo motu converted the present appeal into petition under Section 13-B

of the Act for grant of divorce by way of mutual consent and also

allowed the same. The parties are granted divorce by way of mutual

consent and the impugned order dated 09.03.2021, is hereby set aside.

Decree-sheet be prepared, accordingly.

Since, the main appeal has been allowed, therefore, all the

pending miscellaneous applications, if any, also stand disposed of.

(RITU BAHRI) JUDGE

(ASHOK KUMAR VERMA) JUDGE 05.07.2022 kothiyal Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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