Punjab-Haryana High Court
Sukhpreet Singh vs Sandeep Kaur on 3 March, 2022
Author: Ritu Bahri
Bench: Ritu Bahri
FAO-M-7-2018 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
FAO-M-7-2018 (O&M)
Date of decision: 03.03.2022
Sukhpreet Singh
..... Appellant
Versus
Sandeep Kaur
..... Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
PRESENT: Appellant-Sukhpreet Singh, in person with
Mr. M.S. Yadav, Advocate for
Mr. Sunny K. Singla, Advocate.
Respondent-Sandeep Kaur in person with
Mr. Bhuvnesh Lakhera, Advocate with
Mr. Sanjay Mittal, Advocate.
RITU BAHRI, J. (ORAL)
Appellant-Sukhpreet Singh, has come up in this appeal against the order of the Family Court dated 27.11.2017, whereby the petition under Section 13 B of the Hindu Marriage Act, 1955 (in short-'the Act'), for dissolution of marriage by a decree of divorce by mutual consent was dismissed.
A perusal of the order shows that first motion statements of the parties had been recorded and the case was adjourned for six months. After the lapse of compulsory period of six months, the parties appeared before the Court for second motion but respondent/wife-Sandeep Kaur, 1 of 3 ::: Downloaded on - 01-05-2022 08:01:51 ::: FAO-M-7-2018 (O&M) -2- suffered a statement that she does not want to take divorce from appellant-husband as he failed to fulfill the terms of compromise.
During the pendency of instant appeal, on 11.02.2022, a direction was given to the respondent-wife to approach the Registrar, Punjabi University, Patiala, so that she can get duplicate copies of her certificates i.e. Degree of Bachelor of Computer Application which she completed in the year 2012 as this was the main reason for not giving second motion statement before the Family Court.
Respondent-Sandeep Kaur, is present in Court today. She states that she is ready to give her final statement. In her statement, she has acknowledged the receipt of Rs.15,00,000/- as permanent alimony from the appellant-husband. She has also applied for issuance of duplicate certificates before the Punjabi University, Patiala i.e. Degree of Bachelor of Computer Application, which she completed in the year 2012. Now, nothing is due from the appellant-husband.
In his statement, recorded today in Court, appellant- Sukhpreet Singh, has stated that he has compromised the matter with the respondent-wife. He has paid Rs.15,00,000/- as permanent alimony to the respondent-wife.
The parties have been duly identified by their respective counsel as well and their statements are taken on record. Self attested copies of Aadhar Cards of both the parties are also taken on record.
Since, the statements of the parties have been recorded, nothing remains due and they have also complied with all the conditions 2 of 3 ::: Downloaded on - 01-05-2022 08:01:51 ::: FAO-M-7-2018 (O&M) -3- for application underSection 13-B of the Act, the present appeal is allowed. The parties are granted divorce by way of mutual consent and the impugned order dated 27.11.2017 of the Family Court, is hereby set aside.
Decree-sheet be prepared, accordingly.
( RITU BAHRI )
JUDGE
March 03, 2022 ( ASHOK KUMAR VERMA )
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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