Punjab-Haryana High Court
Harpal Singh Kashyap vs Shakuntala on 6 October, 1994
Equivalent citations: I(1995)DMC448, (1995)110PLR203
Author: R.P. Sethi
Bench: R.P. Sethi
JUDGMENT R.P. Sethi, J.
1. By judgment and decree, dated 8th May, 1993, the learned Additional District Judge, Chandigarh, dismissed the petition filed by the petitioner under Section 13 of the Hindu Marriage Act (for short the Act) for grant of divorce. Aggrieved by the said judgment and decree, the present appeal was filed by the husband.
2. During the pendency of the appeal, the parties arrived at an amicable settlement and filed a joint application under Section 13B of the Act and in this application, it was prayed that decree for mutual divorce between the parties may be granted in the interest of justice. It was also stated in the said application that the appellant husband would give a sum of Rs. 2 lacs as permanent alimony to the respondent and his minor daughters, who were also living with the respondent and on receipt of this amount, the respondent would not claim any dowry of maintenance on her own behalf and on behalf of the daughters.
3. This application came up for hearing on 3rd March, 1994, and at the request of the parties, it was adjourned to 18th April, 1994, and on that day it was further adjourned to 8th August, 1994.
4. The statement of the parties, who are present in Court, have been recorded, The respondent-wife, in her statement, has stated that on receipt of a sum of Rs. 2,05,000/- on account of permanent alimony and maintenance on account of children, who are living with her. She will not claim henceforth any amount from the petitioner-husband. She has also stated that on her own free will, she had agreed for divorce and had filed the application which is Exhibit PA. The petitioner-husband, in his statement, has also stated that he has no objection to the marriage being dissolved and he has also stated that the facts stated in Exhibit PA, are correct.
5. In view of the averments made in the joint application under Section 13B of the Act (Exhibit PA) and the statements of the parties, recorded today, we are satisfied that the parties have been living separately for a period of more than one year, that they have not been able to live together and they have, therefore, mutually agreed that the marriage should be dissolved. We are also satisfied that there is no collusion between the parties. In these circumstances, we are of the opinion that the terms agreed upon for the mutual benefit of the parties are in the best interest and for the welfare of the minor children.
6. For the above reasons, we pass a decree of Divorce, declaring the marriage between the parties to be dissolved under Section 13B of the Act. As agreed between the parties, the minor daughters shall remain in custody of the respondent wife and the parties shall abide by the terms and conditions, mentioned in Exhibit PA. Exhibit PA shall also from part of the decree. Let the decree be drawn accordingly with this order, the appeal stands disposed of. There shall, however be no order as to costs.