12.2009 Narinder Kumar v. Pushpa Devi & Anr.

CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Chanderhash Yadav, Advocate for Mr. Vikas Bahl, Advocate for the appellant. Mr. Malkeet Singh, Advocate for the respondents. **** HARBANS LAL, J. This appeal has been filed by Narinder Kumar against the judgment/ decree dated 28.1.2009 passed by the Court of learned Additional District Judge, Nawanshahr whereby he dismissed the divorce petition moved by Narinder Kumar - appellant. Feeling aggrieved therewith, he has preferred this appeal. Vide order dated 2.9.2009 passed by this Court, the matter was referred to the Mediation and Conciliation Centre of this Court. The parties have compromised before the said Centre on 28.10.2009. In the terms and conditions of this compromise, it has been mentioned by the Mediation and Conciliation Centre of this Court that “It has been further agreed that they (referring to the parties) have brought to an end all the litigations/ disputes pending between both the parties by way of compromise including past, F.A.O. No. M-159 of 2009 (O&M) -2- present and future to an end. Further it has also been agreed that no further litigation would be filed amongst the parties and they will not institute or pursue any litigation against each other and their family members/ relations in furtherance of the matrimonial dispute which had arisen between them. It is further mentioned that nothing further remains pending between the parties except for the present first appeal against order. In view of the compromise, learned counsel for the appellant submits that he may be permitted to withdraw this appeal. Dismissed as withdrawn. The parties are directed to remain bound by the terms and conditions as enshrined in the compromise deed dated 11.9.2009. The parties are directed to move a joint petition for divorce under Section 13-B of Hindu Marriage Act, 1955 in the Court of learned Additional District Judge, Nawanshahr within one week from today and after putting in their appearance before the said Court, they shall make necessary statements. If the parties make a joint request in writing to the said Court seeking exemption of waiting period of six months, the same shall be condoned in view of the fact that the parties have been living separately and are locked in litigation since long. Disposed of. A copy of the order be given dasti on payment of usual charges. December 02, 2009 ( HARBANS LAL ) JUDGE