Deepak Sood vs Unknown on 5 March, 2014

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Punjab-Haryana High Court

Deepak Sood vs Unknown on 5 March, 2014

Bench: S.S. Saron

                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                    CHANDIGARH

                                              CM No.18930-CII of 2013 in/and
                                              FAO No.M-307 of 2011 (O&M)
                                              Date of Decision: 05.03.2014

            Deepak Sood                                 ..... Petitioner No.1


                                              and

            Poonam Sood                                 ..... Petitioner No.2


            CORAM: HON'BLE MR. JUSTICE S.S. SARON
                   HON'BLE MS. JUSTICE NAVITA SINGH

            Present:           Mr. S.S.Rangi, Advocate for petitioner No.1 with
                               petitioner No.1 in person.

                               Mr. Ish Puneet Singh, Advocate for petitioner No.2
                               with petitioner No.2 in person.

            S.S. SARON, J.

The statements of the parties at the second motion have been recorded in Court today. Deepak Sood-petitioner No.1 has tendered in evidence his affidavit Ex.C2. Poonam Sood-petitioner No.2 has tendered in evidence her affidavit Ex.C1. Two drafts for an amount of Rs.6.45 lacs have been tendered by petitioner No.1-Deepak Sood and have been received by petitioner No.2-Poonam Sood.

Learned counsel for the parties submit that in view of the joint petition (CM No.18930-CII of 2013) filed by the parties and the statements made by them at the time of first motion and second motion, the joint petition for divorce be allowed and the marriage between the parties be dissolved by a decree of divorce by mutual consent.

Amit Kaundal

2014.03.20 11:57 I attest to the accuracy and integrity of this document Chandigarh CM No.18930-CII of 2013 in/and FAO No.M-307 of 2011 (O&M) -2- We have given our thoughtful consideration to the matter. The marriage between the parties was solemnized at Jalandhar on 04.07.2004. On account of matrimonial disputes between the parties, Deepak Sood-petitioner No.1 on 02.06.2008 filed a petition in the Court of District Judge at Jalandhar seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty and desertion. His petition was dismissed by the learned District Judge, Jalandhar vide judgment and decree dated 24.10.2011. Aggrieved against the same, Deepak Sood- petitioner No.1 filed the present appeal (FAO No.M-307 of 2011). During the pendency of the appeal, the parties reached at a settlement and decided to part ways amicably. Accordingly, CM No.18929-CII of 2013 was filed for converting the initial petition filed under Section 13 of the Hindu Marriage Act, 1955 ('Act' - for short) to that of petition under Section 13-B of the Act. The CM that was filed was allowed on 30.08.2013. On the same date, the statements of both the parties at the first motion were recorded and both of them stated that they want divorce by mutual consent. It was agreed that Deepak Sood-petitioner No.1 shall pay an amount of Rs.6,45,000/- at the time of passing the decree of divorce; besides, he shall give visitation rights to petitioner No.2 to meet the daughter of the parties in accordance with the Amit Kaundal 2014.03.20 11:57 I attest to the accuracy and integrity of this document Chandigarh CM No.18930-CII of 2013 in/and FAO No.M-307 of 2011 (O&M) -3- settlement that was reached at. The case was adjourned for second motion for today and the parties were asked to be present.

Both the parties are present. Their statements at the second motion have been recorded. They have tendered in evidence their respective affidavits dated 05.03.2014. Deepak Sood-petitioner No.1 has tendered in evidence his affidavit Ex.C2. Poonam Sood-petitioner No.2 has tendered in evidence her affidavit Ex.C1; besides, two drafts for an amount of Rs.6.45 lacs have been tendered by petitioner No.1-Deepak Sood and these have been received by petitioner No.2-Poonam Sood. Both the parties have stated that there is non compatibility between them and they could not carry on their marriage and live with each other. The statements made by the parties at the first motion on 30.08.2013 have been reiterated. Therefore, it is evident that the parties indeed want divorce by mutual consent and they have amicably resolved their disputes and decided to part ways amicably. In the circumstances, it would be just and expedient if the joint petition (CM No.18930-CII of 2013) filed by the parties is allowed and the marriage between the parties is dissolved by a decree of divorce by mutual consent.

Accordingly, the joint petition (CM No.18930-CII of 2013) filed by the parties for dissolution of the marriage by a Amit Kaundal 2014.03.20 11:57 I attest to the accuracy and integrity of this document Chandigarh CM No.18930-CII of 2013 in/and FAO No.M-307 of 2011 (O&M) -4- decree of divorce by mutual consent is allowed and the marriage between the parties shall stand dissolved by a decree of divorce by mutual consent.

In view of the joint petition having been allowed, learned counsel for petitioner No.1 submits that the appeal (FAO No.M-307 of 2011) filed by him has been rendered infructuous and may accordingly be dismissed as such.

Accordingly, the appeal (FAO No.M-307 of 2011) filed by the appellant is dismissed as having been rendered infructuous.

The parties shall bear their own costs.

(S.S. SARON) JUDGE (NAVITA SINGH) 05.03.2014 JUDGE A.Kaundal Amit Kaundal 2014.03.20 11:57 I attest to the accuracy and integrity of this document Chandigarh

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