Deepak Soni vs Hon'ble Mr. Justice Rajesh Bindal

Mr. S. N. Pillania, Advocate, for the appellant. Mr. Aditya Sanghi, 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 respondent husband 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 Hindu rites on 5.9.2006 at Jind. Out of the wedlock one male child, namely, Purab was born on 4.12.2007, who is living with the mother. Due to temperamental differences, the parties could not pull on together. They are living separately since 16.3.2007. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was allowed by the learned District Judge, Jind, on 7.12.2009. 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 the same was compromised on

13.7.2010. The terms of the compromise are as under:- “1. The parties have decided to part ways by getting divorce from each other on the basis of mutual consent. It has been further agreed that the application shall be moved in the present FAO for conversion of the same from Section 13 to Section 13-B of the Hindu Marriage Act.

2. It has been agreed between the parties that the husband- Deepak Soni shall pay an amount of Rs. 3,50,000/- FAO No. M-5 of 2010 -2- (Rupees Three Lacs and fifty thousand only) to the wife as permanent alimony and maintenance. This amount of Rs. 3,50,000/- shall be full and final amount and no further amount shall be claimed by the appellant-wife.

3. It has been further agreed that petition under Section 125 Cr.P.C. filed by the wife for maintenance against the husband shall be withdrawn by her.

4. The amount of Rs. 3,50,000/- shall be paid by the respondent-husband in the shape of Demand Draft payable to Smt. Arti-appellant-wife and the Demand Draft shall be handed over to appellant-wife on the date of making her final statement as mentioned above at the time of getting divorce under Section 13-B of the Hindu Marriage Act.

5. The minor son namely Purav who is presently residing with Smt. Arti shall remain absolutely with Smt. Arti who shall be responsible for his maintenance and up- keep.

6. Sh. Deepak Soni shall withdraw the petition filed by him for custody of minor son Purav. He shall not claim the custody of minor son Purav in future. He shall not claim the visitation rights etc. in respect of minor son Purav.

7. With the execution of the present compromise, entire dispute between the parties shall stand settled and all the parties shall be free to lead their life as per their own wishes. None of the parties shall interfere in each other's life or harass each other.

8. Smt. Arti shall withdraw the petition as well as appeal filed by her under Domestic Violence Act. Smt. Arti shall withdraw the suit filed on behalf of Purav for property against Deepak Soni.

9. It has been further agreed that the criminal case FIR No. 55/2006 under Section 406/498-A/506/34 I.P.C., Police Station, City Jind pending at Jind Courts shall not be pursued by Smt. Arti. Smt. Arti further undertakes that she shall have no objection for the quashing of the above said case on the basis of this compromise. Smt. Arti further undertakes that she shall execute affidavit and FAO No. M-5 of 2010 -3- make statement in the Court for the quashing of the above said FIR.

10. The parties further undertake not to initiate or institute any unwanted litigation against each other.

11. This compromise has been reached between the parties without any pressure and both the parties have very happily agreed to abide by the terms and conditions of the agreement. Both the parties shall be bound with the terms and conditions of this compromise.

12. It has been further decided between the parties that in case of necessity, both the parties shall be free to present the copy of the above compromise before any authority or court if the same is required to witness the execution of the compromise or to settle any pending controversy between the parties.

13. The parties have gone though the contents and the same have been explained to the parties and after admitting the same as correct, have put their respective signatures.” 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 Hindu rites on

5.9.2006 at Jind. Out of the wedlock one male child namely Purab was born on 4.12.2007, who is living with the mother. Due to the temperamental differences, we could not live together. We are living separate since 16.3.2007. Number of efforts made for reconciliation failed. Petition filed by the husband before the District Judge, Jind, under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage was allowed on 7.12.2009. In appeal before this court by the wife, the matter in dispute was referred to the Mediation and Conciliation Centre in the High Court where after number of meetings, the matter could not be reconciled and the parties decided to part ways vide compromise dated 13.7.2010. As per the settlement, both the parties will withdraw all the cases filed by them against each other and their respective family members. The wife has FAO No. M-5 of 2010 -4- received a bank draft dated 17.9.2010 bearing no. 351170 drawn on Punjab National Bank, Jind, for a sum of ` 3,50,000/-, on account of permanent alimony from the respondent husband. It was also agreed that husband will not claim the custody of child Purab. Today, in quashing petition bearing CRM No. M-28434 of 2010, FIR and other proceedings initiated against the husband and his other family members by the appellant wife, have been quashed by this court. 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 a bank draft dated 17.9.2010 bearing no. 351170 drawn on Punjab National Bank, Jind, for a sum of ` 3,50,000/-, on account of permanent alimony from the respondent. The husband will not claim custody of child Purab. Today, this court in CRM No. M-28434 of 2010 has quashed FIR and other proceedings initiated by the wife against the husband and his other family members. 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 Smt. Arti daughter of Mohidner Pal Kapoor and Deepak Soni son of Darshan Lal Soni. The judgment of learned counsel below is set aside. The appeal stands disposed of accordingly. Decree sheet be prepared.

27.9.2010 (Rajesh Bindal) Judge