Abhishekh Raheja vs Akanksha
2022 Latest Caselaw 5931 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                         FAO No.2405 of 2022 (O&M)
                                         Date of decision: 02.06.2022

Abhishek Raheja
                                                          ...Petitioner
                          Vs.

Smt. Akanksha
                                                          ...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI
       HON'BLE MRS. JUSTICE ALKA SARIN

Present:    Appellant-Abhishekh Raheja, in person with
            Mr. Navneet Jindal, Advocate.

            Respondent-Akanksha, in person with
            Mr. Sandeep Sangwan, Advocate.

                    ***

Ritu Bahri, J. (oral)

CM No.7186-CII of 2022

The instant application is for permission to convert the present

appeal into a petition under Section 13-B of the Hindu Marriage Act, 1955.

For the reasons mentioned in the application, same is allowed

and the present appeal is converted into a petition under Section 13-B of the

Hindu Marriage Act.

FAO-M-2405-2022 (O&M)

The appellant has come up in appeal against the judgment and

decree dated 08.03.2022 passed by the Additional Principal Judge, Family

Court, Gurugram whereby petition filed by appellant-Abhishek Raheja

under Hindu Marriage Act, 1955 for dissolution of marriage by a decree of

divorce has been dismissed.

Marriage between the parties was solemnized on 27.11.2013 as

per Hindu rites and rituals at Jaipur. Out of this marriage, no child was born.

However, due to temperamental differences, they could not pull on together.

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They are living separately since February, 2016. Ultimately, the appellant

filed a petition under Section 13 of the Hindu Marriage Act, which was

dismissed vide judgment dated 08.03.2022 passed by the Additional

Principal Judge, Family Court, Gurugram. Feeling aggrieved with the said

judgment, he preferred the instant appeal. During the pendency of this

appeal, the matter has been amicably resolved between the parties as per

compromise deed dated 01.06.2022. They have decided to part their ways.

Appellant and respondent are present in Court today and have made their

respective statements to the effect that they have no objection, in case the

present appeal is converted into a petition under Section 13-B of the Hindu

Marriage Act, 1955. Smt. Akanksha-respondent states that she is ready and

willing to give divorce to the appellant on her own free will and without any

pressure or influence. She will also comply with all the conditions

mentioned in the compromise deed dated 01.06.2022. As per this

compromise, she has not demanded for permanent alimony or maintenance

(past, present and future) or Istridhan. She will never claim any maintenance

from the appellant after getting the decree of divorce. The appellant

(Abhishek Raheja) has also made a statement to the same effect.

Keeping in view the statements made by both the parties, who

are physically present in Court today and are being represented through

their counsels, the appeal is allowed and the impugned judgment and decree

dated 08.03.2022 are set aside. Marriage between the parties is hereby

dissolved by way of mutual consent between the parties. Petition filed by

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the parties under Section 13-B of the Hindu Marriage, 1955 is decreed. The

compliance of the settlement arrived at between the parties be informed to

this Court within a period of two months by the parties.

Decree-sheet be drawn accordingly.

(RITU BAHRI) JUDGE

(ALKA SARIN) JUDGE 02.06.2021 anil

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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