FAO No.275-M of 2006 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.M.No.26179-81/C-II of 2008 and
FAO No.275-M of 2006 (O&M)
Date of decision:12.01.2009.
Neeraj @ Bhawna ...Appellant.
Versus
Mukesh Kumar ...Respondent.
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. K.S.Chaudhary, Advocate, for the appellant.
Ms. Kamalpreet, Advocate, for the respondent.
*****
S.D.ANAND, J. (ORAL)
The appellant – wife has field a plea under Section 13 of the
Hindu Marriage Act. It was dismissed by the learned Trial Court. She
filed FAO No.275-M of 2006 against that judgment. During the
pendency of the aforesaid FAO, the parties have filed Civil Misc.
Application No.26180-CII of 2008 for the conversion of that C.M. into a
petition under Section 13-B of the Hindu Marriage Act and to dissolve
the marriage between the parties by way of mutual consent.
The parties (Neeraj @ Bhawna wife of Shri Mukesh Kumar
D/o Shri Bhagat Ram, aged 24 years and Mukesh Kumar S/o Dharam
Pal @ Dharam Chand S/o Jati Ram, aged 28 years) are present in the
Court. They are identified by their respective learned counsel. They
own up the terms and conditions of the compromise dated 11.12.2008
(Annexure A-1) in toto.
Out of total amount of Rs.1,72,000/- which is payable to the
FAO No.275-M of 2006 2
appellant – wife by the respondent – husband, two drafts (one bearing
No.71683 dated 26.11.2008 and other bearing No.71684 dated
26.11.2008) have been handed over by the respondent – husband to
the appellant – wife. It is agreed that balance amount has already
been paid by the respondent to the appellant in the course of the
proceedings for quashment of the FIR.
In the larger interests of the justice and with a view to enable
the parties to lead a life afresh, the application shall stand allowed. The
marriage between the parties shall stand dissolved on account of the
compromise.
Disposed of accordingly.
January 12, 2009 (S.D.ANAND)
vinod JUDGE
FAO No.275-M of 2006 3
FAO No.260-M of 2008
Present: Mr. S.S.Momi, Advocate, for the appellant.
Mr. Rakesh Nehra, Advocate, for the respondent.
*****
After having talked to the parties in the course of reconciliation
endeavour, it has been observed that the parties do not appear to be
averse to participation in the reconciliation parleys. The present is
thus, a fit case in which the matter may be referred to the Mediation
and Conciliation Centre for endeavouring reconciliation.
The parties are directed to appear before the Mediation and
Conciliation Centre of this Court on 21.01.2009 to explore the feasibility
of a reconciliation.
January 12, 2009 (S.D.ANAND) vinod JUDGE