F.A.O. No. 114-M of 2007 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
F.A.O. No. 114-M of 2007
Date of decision: 5.02.2009
Mahan Chand ...Appellant
Versus
Kamlesh Kaur ...Respondent
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Sarju Puri, Advocate for the appellant.
Mr. C.L.Verma, Advocate for the respondent.
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S.D.ANAND, J.
The appellant-husband filed a petition under Section 13 of the
Hindu Marriage Act against the respondent-wife, for dissolution of their
marriage by a decree of divorce, which was dismissed, vide judgment and
decree dated 2.12.2006, by the learned Additional District Judge,
Nawanshahr.
The appellant-husband preferred an appeal against the
impugned judgment and decree dated 2.12.2006.
In appeal, the parties have presented a petition under Section
13-B of the Hindu Marriage Act for dissolution of their marriage by mutual
consent. Their plea for conversion of the petition into a petition under
Section 13-B of the Hindu marriage Act stands allowed. They have also
made the following statement, in the presence of their learned counsel.
“Our marriage was soleminised on 8.10.1997. A male issue
was born out of our union on 12.7.1998. We are residing
F.A.O. No. 114-M of 2007 -2-****
separately from the year 2000 onwards. Our marriage has
been irretrievably broken. We have come to terms and have
filed a plea for grant of divorce by mutual consent which may
be granted. In terms of the settlement, petitioner no.1 has
handed over a draft of Rs.4 lacs to petitioner no.2 which would
be in full and final settlement of latter’s claim against the
former. The dowry articles + cash amount of Rs.30,000/- has
been paid by the petitioner no.1 to petitioner no.2 in full and
final settment of her claim with regard the dowry articles.
Besides it, petitioner no.1 has also handed over a FDR bearing
No.046118 dated 31.1.2009 for Rs.2 lacs in the name of our
minor child. He would be entitled to get encashed on attaining
the majority. Petitioner no.2 shall not be entitled to raise any
type of encumbrance against that FDR.
In terms of settlement, petitioner no.2 shall
withdraw the Execution Application No. 70 of 2007 which is
pending in the Executing Court at Nawanshahr. In a private
complaint filed by the petitioner no.2 against petitioner no.1
and other members of his family for offences under Section
406/498-A IPC, charges have already framed against as many
as nine persons in all (including petitioner no.1) our of which
two have already filed a petition for quashment which is
already pending before this Court. Remaining seven would be
filing a similar petition for quashment. In terms of settlement,
in the pending petition as well as petition to be filed by the
other persons, petitioner no.2 shall be bound to appear in
person and to make a statement conceding the allowance
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thereof.
We have also filed a joint affidavit and a deed of
compromise/settlement which may be read as Annexure C-I
and C-II respectively. Our marriage may be dissolved by a
decree of divorce by mutual consent.”
In view, thus, of the fact that the marriage between the parties
was solemnised on 12.7.1998 and they have been residing separately for
the last number of years and further in view of their joint endeavour for
mutual separation, the petition under Section 13-B of the Hindu Marriage
Act stands allowed. The marriage between the parties shall stand
dissolved with effect from the date of this order by a decree of divorce by
mutual consent. The parties shall be bound by the terms and conditions
contained in the petitioner under Section 13-B of the Hindu Marriage Act
which (petition under section 13-B of the Act) shall form a part of the
decree. The allowance of the plea shall enable them to start their life
afresh. They shall, henceforth, have no claim whatsoever against each
other.
February 05, 2009 (S.D.Anand) Pka Judge