FAO No. M-24 of 2010 v. Bagicha Singh

Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Manish Prabhakar, Advocate, for the appellant. Mr. Karan Singla, 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 husband respondent under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was allowed. 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 as per Sikh rites (Anand Karaj) on 16.2.2004 at Bhikhiwind, Tehsil Patti, District Amritsar. Out of the wedlock, one female child, namely, Sharanjit Kaur, was born. Due to temperamental differences, the parties could not pull on together. They are living separately since August 2005. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was allowed by the learned Additional District Judge (Fast Track Court) (Adhoc), Tarn Taran, on

11.11.2009. Thereafter, the appellant wife 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 after number of meetings, the parties could not agree to live together and decided to part ways vide compromise dated

27.5.2010. As per the compromise, the husband had agreed to pay a sum of ` 7,50,000/- to the wife as permanent alimony for her and also for the minor child. Out of the said amount of ` 7,50,000/-, ` 3,50,000/- are to be deposited in a FDR in the name of the daughter and ` 4,00,000/- will be paid to the wife. As per the compromise, both the parties were to withdraw all the cases filed by them against each other and their respective family members. It was also settled that they will file joint petition for dissolution of marriage by way of mutual consent. FAO No. M-24 of 2010 -2- Today both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties filed petition for dissolution of marriage by way of mutual consent. They have made joint statement before this court today, which is extracted as under:- “Our marriage was solemnised as per Sikh rites (Anand Karaj) on 16.2.2004 at Bhikhiwind, Tehsil Patti, District Amritsar. Out of our wedlock one female child, namely, Sharanjit Kaur, was born. Due to the temperamental differences, we could not live together. We are living separate since August, 2005. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge (Fast Track Court) (Adhoc), Tarn Taran, under Section 13 of the Hindu Marriage Act, 1955, for dissolution of marriage was allowed on 11.11.2009. During the pendency of appeal before this court, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court where after number of meetings, the parties could not agree to live together and they decided to part ways vide compromise dated

27.5.2010. As per the settlement, the husband had agreed to pay a sum of ` 7,50,000/- to the wife as permanent alimony for her and also for the minor child who is to live with her. Out of the said amount of ` 7,50,000/-, the husband has deposited ` 3,50,000/- in FDR No. 638000PR00000739 dated 16.7.2010, with Punjab National Bank, Bhikhiwind Branch (Tarn Taran), in the name of minor daughter Sharanjit Kaur, which shall be payable to her on attaining the age of majority. The wife shall not raise any loan against that FDR. As per the noting of the Mediator, the husband has deposited ` 2,00,000/-, in cash branch of Hon'ble Punjab and Haryana High Court and entry is made at page no. 11, Sr. No. 34 of the Register. Today, the wife has received ` 1,00,000/-, in this court and ` 1,00,000/- at the time of quashing of FIR in CRM No. M-26964 of 2010. It has also been agreed that the daughter will remain with the FAO No. M-24 of 2010 -3- mother and father will not claim any right in respect of the child. The wife is at liberty to withdraw the amount of ` 2,00,000/- deposited in this court. FIR got registered by the wife against the husband and his family members has been quashed by this Hon'ble Court today in CRM No. M-26964 of 2010, as compromised. We have no objection if a decree of divorce by way 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 ` 2,00,000/- today in cash i.e. one lac in quashing proceedings and one lac during present proceedings for herself and a FDR amounting to ` 3,50,000/- in the name of minor child. The husband will not claim any right in respect of the daughter. Today, this court in CRM No. M-26964 of 2010 has quashed FIR got registered by the wife against the husband and his family. Registry is directed to send the amount of ` 2,00,000/- lying deposited with this court by the husband by a cheque/draft to the wife through registered post. The wife will not raise any loan against the FDR of minor daughter. 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 Gurpreet Kaur daughter of Balkar Singh and Bagicha Singh son of Subha Singh. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared.

7.10.2010 (Rajesh Bindal) Judge