Punjab-Haryana High Court
Minakshi vs Mukesh Kumar on 30 March, 2022
CM-829-CII-2022 in/and
FAO-7021-2018 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CM-829-CII-2022 in/and
FAO-7021-2018 (O&M)
Date of decision: 30.03.2022
Minakshi
..... Appellant
Versus
Mukesh Kumar
..... Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
PRESENT: Appellant-Minakshi, in person with
Mr. Rose Gupta, Advocate.
Mr. Sukesh K. Jindal, Advocate for the respondent.
RITU BAHRI, J. (ORAL)
Appellant-Minakshi, has come up in this appeal against the
judgment and decree dated 01.11.2018, passed by the learned Principal
District Judge, Family Court, Hisar, 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 28.01.2007, as per Hindu Rites and Ceremonies at Hisar.
Out of the wedlock, one female child-Yashika @ Bhoomi, was born on
26.04.2008. After, 2014, due to temperamental and compatibility issues
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the marriage between the parties gone into a rough weather and they
started living separately since, June, 2014.
Against the judgment and decree dated 01.11.2018, the
appellant-wife has preferred the instant appeal. Notice of motion in the
instant appeal was issued on 27.11.2018 and the parties were referred to
the Mediation and Conciliation Center of this Court, for an out of Court
settlement. However, the mediation failed.
Now, the parties have reconciled and have resolved their
dispute by an amicable settlement with the intervention of this Court and
the respondent-husband has agreed to pay Rs.60,00,000/- as full and final
settlement towards permanent alimony to the respondent-wife and minor
daughter-Yashika @ Bhoomi. It is agreed between the parties that out of
the aforesaid amount of Rs.60,00,000/-, Rs.40,00,000/- shall be utilized
by the appellant-Minakshi for purchasing a flat/residential property in the
joint name of appellant and minor daughter-Yashika @ Bhumi. It is also
agreed that out of the remaining amount of Rs.20,00,000/-, half of the
amount i.e. Rs.10,00,000/- shall be deposited in the joint bank account of
appellant and minor daughter. The remaining amount of Rs.10,00,000/-
shall be deposited in the form of fixed deposit-FDR in a nationalized
bank in the joint name of appellant and minor daughter-Yashika, for a
minimum period of 5 years or till the age she attains majority. First
motion statements of the parties were recorded on 15.02.2022.
The parties have also filed a joint petition under Section
13-B of the Act vide CM-829-CII-2022, for dissolution marriage by way
of mutual consent.
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Second motion statement of respondent-Mukesh Kumar, was
recorded on 10.03.2022, wherein he stated that the matter has been settled
between them by way of irrevocable compromise. He has paid
Rs.60,00,000/- in total to the appellant-wife towards one time settlement
i.e. Rs.20,00,000/- vide cheque No. 668628 dated 15.02.2022 and
Rs.40,00,000/- vide cheque No. 454445 dated 10.03.2022. Nothing
remains due. He also stated that CRR-3643-2015, filed against the
appellant also got dismissed as withdrawn through his mother-Santra
Devi, vide order dated 09.03.2022, passed by this Court. He further
states that he will abide by the terms and conditions of the settlement as
mentioned in the joint petition under Section 13-B of the Act and will not
file any case against the appellant-wife, in future.
Today, appellant-Minakshi, is present in Court and her
second motion statement has also been recorded, wherein she stated that
the matter has been settled between them by way of irrevocable
compromise. She has received Rs.60,00,000/- in total from the
respondent-husband towards one time settlement i.e. Rs.20,00,000/- vide
cheque No. 668628 dated 15.02.2022 and Rs.40,00,000/- vide cheque
No. 454445 dated 10.03.2022. Nothing remains due. She further states
that she will abide by the terms and conditions of the settlement as
mentioned in the joint petition under Section 13-B of the Act and will not
file any case against the respondent-husband, 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
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as joint petition (CM-829-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.
( RITU BAHRI )
JUDGE
March 30, 2022 ( ASHOK KUMAR VERMA )
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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