Baljit Kaur vs Pargat Singh on 8 December, 2009

               In the High Court of Punjab & Haryana at Chandigarh

                                                 FAO No. M-172 of 2009 (O&M)

Baljit Kaur                                                     ..... Appellant
                                          vs
Pargat Singh                                                    ..... Respondent

Coram:         Hon'ble Mr. Justice Rajesh Bindal


Present:       Mr. D. S. Pheruman, Advocate, for the appellant.

               Mr. J. S. Verka, Advocate, for the respondent.


Rajesh Bindal J.

Challenge in the present appeal is to the judgment of the learned
court below whereby joint petition filed by the parties under Section 13-B of the
Hindu Marriage Act, 1955 for divorce by mutual consent was dismissed as after
recording the initial statement, the respondent later on backed out therefrom and
stated that initial statement was made by him under coercion and he wanted to
resettle in life with the appellant. Considering the aforesaid facts, the divorce
petition was dismissed by the learned court below and the FDR of Rs. 4,50,000/-
towards the grant of permanent alimony settled between the parties and deposited
in the court below in the name of appellant Baljit Kaur, was directed to be returned
to respondent Pargat Singh.

Both the parties are present in person in court today. The respondent
stated that even after the statement made by him in the court below on 11.9.2008,
the parties did not live together even for a single day and he is agreeable to the
terms on which the parties had settled their dispute and agreed to dissolve the
marriage by way of mutual consent. His statement to that effect has been recorded
separately. He further stated that the FDR of Rs. 4,50,000/- still lying in the court
below be handed over to the appellant. He has no objection in case the decree of
divorce by mutual consent is passed.

The appellant who is present in court stated that on receipt of FDR
lying deposited in the court below in her name, all her claims against the
respondent regarding the marriage in dispute shall stand settled.

In terms of the statements of the parties, the marriage between them
is dissolved by way of mutual consent. A decree of divorce in terms thereof be
drawn. The appeal stands allowed in the above terms.

8.12.2009                                                 ( Rajesh Bindal)
vs                                                              Judge