Punjab-Haryana High Court
Sukhwinder Singh vs Smt. Harjinder Kaur And Another on 13 February, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.M-131 of 2008
Date of decision:13.02.2009.
Sukhwinder Singh ...Appellants
Versus
Smt. Harjinder Kaur and another ...Respondents
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Sanjay Kaushal, Advocate, for the appellant.
Mr. A.S.Gill, Advocate, for the respondent No.1.
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S.D.ANAND, J. (ORAL)
On 17.12.2008, the parties informed the Court that they had arrived at a settlement. The terms and conditions of the settlement were noticed by a Coordinate Bench of this Court (T.P.S.Mann, J.) in the course of the order dated 17.12.2008, which reads as under: -
"The parties agree that an amount of Rs.10,00,000/- shall be given by the appellant to respondent No.1 as full and final settlement of all the claims of the latter. Besides, respondent No.1 shall be allowed to retain the house where she is at present residing and in that direction the appellant shall transfer his share in the house, i.e. 1/4th, in favour of respondent No.1. Two sons of the petitioner shall remain with the appellant, while respondent No.1 can keep the daughter with her. The appellant has also undertaken to pay the arrears of the maintenance amount, if any."
In terms thereof, the learned counsel for the appellant - husband has handed over two drafts for Rs.10 lac (Rs.5 lac each) to the learned counsel for the respondent No.1 - wife. In addition thereto, he has also handed over a draft for Rs.2 lac to the learned counsel for the respondent No.1 - wife. The latter draft represents the arrears of maintenance of pendente lite, which had been awarded in favour of the respondent No.1 - wife. The parties agree to abide by the terms and conditions of the settlement. In terms of that understanding, the appellant - husband was to execute a sale deed of his 1/4th share in the house under reference in favour of the respondent No.1 - wife. Learned counsel for the appellant - husband states that the needful has been done. The sale deed in that respect has been handed over today by the learned counsel for the appellant - husband to the learned counsel for the respondent No.1 - wife, who has passed it on to the respondent No.1 - wife herself. In terms of that settlement, the custody of two sons of the parties, who were presently living with the respondent No.1 - wife, has been handed over to the appellant - husband. The only daughter of the parties would continue to put up with the respondent No.1 - wife.
The parties, who are present in person, agree that they shall henceforth have no claim of any sort against each other and the other proceedings pending between them shall end with this settlement.
In the light thereof, this appeal shall stand allowed. The impugned judgment and decree dated 06.02.2008 shall stand set aside. The divorce petition filed by the appellant - husband shall stand allowed. The marriage between the parties shall stand dissolved with effect from the date of the order.
February 13, 2009. (S.D.Anand) vinod Judge