Maya Rani vs Sukh Pal Singh
2022 Latest Caselaw 1599 P&H

CM-2489-CII-2022 in/and
FAO-M-333-2018 (O&M)                                                    -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                         CM-2489-CII-2022 in/and
                                         FAO-M-333-2018 (O&M)

                                         Date of decision: 14.03.2022


Maya Rani
                                                     ..... Appellant

                         Versus

Sukhpal Singh
                                                     ..... Respondent


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


PRESENT: Appellant-Maya Rani, in person
         along with her minor daughter-Prabhjot, with
         Mr. R.S. Sidhu, Advocate.

            Respondent-Sukhpal Singh, in person with
            Mr. Rishav Jain, Advocate.

RITU BAHRI, J. (ORAL)

Appellant-Maya Rani, has come up in this appeal against the

judgment and decree dated 01.11.2018, passed by the learned Additional

District Judge, Sangrur, whereby the petition under Section 13 of the

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

husband for dissolution of marriage by a decree of divorce was allowed.

In the present case, marriage between the parties was

solemnized on 21.07.2013 by way of Anand Karaj Ceremony at Village

Madnipur, Tehsil Payal, District Ludhiana. They have resided together

up to 27.04.2015. One female child-Prabhjot, was born to them on

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CM-2489-CII-2022 in/and FAO-M-333-2018 (O&M) -2-

28.12.2014. After, 2015, the marriage did not work and they started

living separately since, April, 2015. A petition under Section 13 of the

Act, for grant of decree of divorce on the grounds of cruelty and adultery

was filed by the respondent. The same was allowed by the learned

Additional District Judge, Sangrur, vide judgment and decree dated

01.11.2018. Against the said judgment and decree, the appellant-wife

has preferred the instant appeal. Notice of motion in the instant appeal

was issued on 22.11.2018 and thereafter, the parties were referred to the

Mediation and Conciliation Center of this Court vide order dated

05.07.2019. However, the mediation has failed.

Now, the parties have again reconciled and they have

resolved their dispute by an amicable settlement with the intervention of

this Court and the appellant-husband has agreed to pay Rs.12,50,000/- as

full and final settlement towards permanent alimony to the respondent-

wife and to secure the future of minor daughter-Prabhjot. It is agreed

between the parties that out of the aforesaid amount of Rs.12,50,000/-,

respondent will transfer Rs.4,50,000/- in the bank account of appellant-

wife and for rest of the amount of Rs.8,00,000/- he will deposit the same

in the shape of FDR in the name of minor child-Prabhjot in some

nationalized bank fetching maximum rate of interest. First motion

statements of the parties was recorded on 07.03.2022.

The parties have also filed a joint petition under Section

13-B of the Act vide CM-2489-CII-2022, for dissolution marriage by way

of mutual consent.

The parties are present in Court today and their second

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motion statements have also been recorded. The respondent has

transferred the total amount of Rs.12,50,000/- through RTGS on

09.03.2022, in the account of appellant. Further, appellant has created

FDR of Rs.8,00,000/- in favour of minor child-Prabhjot vide cheque

No. 000027 dated 11.03.2022, which is under process and it is stated by

both the parties that they will withdraw all the pending cases, if any, filed

by them against each other and will not file any case, in future.

Since, the statements of the parties have been recorded,

nothing remains due and they have also complied with all the conditions

for application under Section 13-B of the Act, the present appeal as well

as joint petition (CM-2489-CII-2022) for grant of divorce by way of

mutual consent, are allowed. The parties are granted divorce by way of

mutual consent and the impugned order dated 01.11.2018, 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.

Appellant-wife shall furnish the copy of FDR in the name of

minor daughter-Prabhjot in the Registry of this Court, within a period of

one month.

                                                 ( RITU BAHRI )
                                                     JUDGE


March 14, 2022                            ( ASHOK KUMAR VERMA )
rishu                                             JUDGE
         Whether speaking/reasoned                          Yes/No
         Whether Reportable                                 Yes/No



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