Punjab-Haryana High Court
Raj Kumar Saini vs Sonam Saini on 28 July, 2014
Author: S.S. Saron
Bench: S.S. Saron
(207) FAO No.2781 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIARH
FAO No.2781 of 2013 (O&M)
Date of decision: 28.07.2014.
Raj Kumar Saini ......Appellant.
Versus
Sonam Saini .....Respondent.
CORAM: HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MS. JUSTICE NAVITA SINGH
Present: Mr. Harmanjit Singh Jugait, Advocate, for the appellant.
Mr. Pawan Sharma, Advocate, for
Mr. Ashit Malik, Advocate, for the respondent.
S.S. SARON, J.
The appellant - husband filed a petition before the learned District Judge, Family Court, Faridabad on 19.04.2010 seeking dissolution of the marriage between the parties by a decree of divorce on the ground of physical and mental cruelty stated to have been caused by the respondent - wife. The learned District Judge, Family Court, Faridabad vide order dated 25.03.2013 dismissed the petition of the appellant - husband as despite last opportunity arrears of maintenance pendente lite as well as litigation expenses, which were ordered to be paid to the respondent vide order dated 04.09.2012, had not been paid. It was observed that sufficient opportunities had been granted to the appellant to pay the litigation expenses and clear the maintenance amount. The situation was the same on 25.03.2013. The appellant aggrieved against the impugned order dated 25.03.2013, filed the present appeal. Malik Ramesh 2014.08.01 15:44 I attest to the accuracy and integrity of this document High Court Chandigarh (207) FAO No.2781 of 2013 (O&M) -2-
The appellant was asked to bring a bank draft of the entire amount of arrears of maintenance and litigation expenses, which were to be paid before the Family Court; besides, Rs.20,000/- towards litigation expenses of the present appeal on the dates fixed. The appellant tendered a draft for an amount of Rs.73,000/- as arrears of maintenance, litigation expenses and Rs.20,000/- as litigation expenses of the present appeal.
Notice of the application seeking condonation of delay as well as in the appeal was issued by this Court on 18.07.2013. The respondent put in appearance on 25.09.2013. The matter was referred to the Mediation and Conciliation Centre functioning in the High Court premises. After mediation on various sittings, a settlement/compromise dated 28.11.2013 was reached at. It was, inter alia, agreed that the appellant will make payment of Rs.5.50 lacs in lump sum, which will be paid in Court itself. The respondent - wife, it was agreed, shall not claim any maintenance past, present and future from the appellant. An amount of Rs.79,000/- had already been given as arrears of maintenance. Both the parties agreed not to file any civil or criminal litigation concerning their matrimonial disputes against each other or the family members.
Today, when the appeal was taken up, learned counsel for the appellant submits that the parties had filed a joint petition for grant of divorce by mutual consent, which has been decreed on 23.07.2014. Therefore, it is submitted that the present appeal has been rendered infructuous and may be dismissed as such.
Learned counsel for the respondent accepts the aforesaid position.
Malik Ramesh 2014.08.01 15:44 I attest to the accuracy and integrity of this document High Court Chandigarh (207) FAO No.2781 of 2013 (O&M) -3-
Accordingly, the appeal is dismissed as having been rendered infructuous.
(S.S. SARON) JUDGE (NAVITA SINGH) JUDGE 28.07.2014 Ramesh Malik Ramesh 2014.08.01 15:44 I attest to the accuracy and integrity of this document High Court Chandigarh