Punjab-Haryana High Court
Jasbir Singh vs Manjit Kaur on 18 November, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
FAO No. M-78 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No. M-78 of 2010 (O&M)
Date of decision : 18.11.2010
Jasbir Singh ..... Appellant
vs
Manjit Kaur ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Madan Lal, Advocate for
Mr. Raman Mahajan, Advocate, for the appellant.
Mr. P. S. Guliani, Advocate, for the respondent.
Rajesh Bindal J.
Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage was dismissed. During the pendency of the appeal, the same was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent.
Briefly, the facts of the case are that the marriage of the parties was solemnised on 25.1.1998. Out of the wedlock one child, namely, Ranjodh Singh, was born. Due to temperamental differences, the parties could not pull on together. They are living separate since 2003. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Jalandhar, on 17.11.2009. Thereafter, the appellant filed appeal before this court.
During the pendency of the appeal before this court to explore possibility of reconciliation, the matter was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 14.9.2010. As per compromise, the son, namely, Ranjodh Singh will remain in the custody of the mother. The husband has paid a sum of ` 17,00,000/- as full and final settlement towards permanent alimony to the wife and a sum of ` 10,00,000/- to the minor son in the shape of FDR to be matured on his attaining the age of maturity. Both the parties will abide by the settlement dated 14.9.2010. It was also decided that the parties will withdraw all the cases filed by them against each other and their respective family members.
FAO No. M-78 of 2010 -2-Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:-
"Our marriage was solemnised on 25.1.1998. Out of our wedlock one son, namely, Ranjodh Singh was born, who is residing with the mother. Due to the temperamental differences, we could not live together. We are living separate since 2003. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Jalandhar, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 17.11.2009. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 14.9.2010 before the Mediation and Conciliation Centre in the High Court. As per compromise, the parties decided to part ways. As per the settlement, the parties will withdraw all the cases filed by them against each other and their respective family members. The child will remain in the custody of the mother. As per the compromise, the husband will pay a sum of ` 17,00,000/- as full and final settlement towards permanent alimony to the wife and a sum of ` 10,00,000/- to the minor son in the shape of FDR to be matured on his attaining the age of maturity. The wife shall be entitled to withdraw the amount of interest accruing on the FDR, in case so desire. Today the wife has received demand draft no. 001687 dated 8.11.2010, drawn on HDFC Bank Limited, Jalandhar, amounting to ` 8,50,000/- for herself and a FDR No. 349800DG00000168 dated 17.11.2010 amounting to ` 10,000,00/- issued by Punjab National Bank, Atta Goraya, District Jalandhar, in the name of Ranjodh Singh. The amount of ` 8,50,000/- was paid by the husband to the wife on 6.10.2010 vide demand draft No. 150780 dated 25.9.2010 drawn on Punjab National Bank, District Jalandhar. Both the parties will abide by the settlement dated 14.9.2010.
We have no objection if a decree of divorce by way FAO No. M-78 of 2010 -3- of mutual consent is passed."
The parties have settled their disputes amicably and got their statement recorded to this effect, which was not found to be under any pressure or coercion. The wife has received demand draft no. 001687 dated 8.11.2010, drawn on HDFC Bank Limited, Jalandhar, amounting to ` 8,50,000/- for herself and a FDR No. 349800DG00000168 dated 17.11.2010 amounting to ` 10,000,00/- issued by Punjab National Bank, Atta Goraya, District Jalandhar, in the name of Ranjodh Singh. The amount of ` 8,50,000/- was paid by the husband to the wife on 6.10.2010 vide demand draft No. 150780 dated 25.9.2010 drawn on Punjab National Bank, Jalandhar. The parties will withdraw all civil and criminal cases filed by them against each other. The custody of the son will remain with the mother. The parties will abide by the settlement dated 14.9.2010. They have no objection if the decree of divorce by way of mutual consent is passed.
Considering the aforesaid facts and finding the statement to be bonafide, a decree of divorce by way of mutual consent is passed, dissolving the marriage of Jasbir Singh son of Late Shri Gurnek Singh and Manjit Kaur daughter of Shri Bhupinder Singh. The judgment of learned Court below is modified to the extent mentioned above.
The appeal stands disposed of accordingly. Decree sheet be prepared.
18.11.2010 (Rajesh Bindal) vs Judge