- (1.) Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the appellanthusband under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage, was dismissed on 19.7.2010.
(2.) Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites (Anand Karaj) on 28.7.1999. Out of the wedlock one female child namely Gurpreet Kaur was born on 22.2.2001, who is presently residing with the father. Due to temperamental differences, the parties could not pull on together. They are living separate since 5.6.2005. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Barnala, on 19.7.2010. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court, where the same was mutually settled on 24.01.2011. The petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent.
(3.) As per the agreement, a sum of Rs. 12,00,000/- was settled as permanent alimony to be paid to the wife by the husband. She had received Rs. 6,00,000/- on 14.3.2011. Today both the parties were present in person in court along with their respective fathers. They were identified by their respective counsels. Their joint statement was recorded in the court. The same was even endorsed by the fathers of both the parties. The text of the statement is extracted as under:- "Our marriage was solemnized on 28.07.1999. A female child, namely, Gur- preet Kaur was born on 22.02.2001. We are living separate since 05.06.2005. A divorce petition filed by the husband was dismissed by the Additional District Judge, Barnala, against which the husband filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court and the same was mutually settled on 24.01.2011. The compromise was duly signed by the parties and their counsel. Both the parties will abide by the terms of the compromise. The wife has already received a sum of Rs. 6,00,000/- on March 14, 2011 out of Rs. 12,00,000/-, settled as permanent alimony. Balance amount of Rs. 6,00,000/- have been paid toady by the husband to the wife by way of demand draft Nos. 016511 and 016447 dated 12.03.2011 and 07.03.2011 respectively drawn on HDFC Bank Limited, Sirsa amounting to Rs. 3,00,000/- each. In terms of Para No.4 of the compromise, wife is to vacate the house in her possession at village Manal, which is in ownership of Balwinder Singh, father of the husband. It has been mutually agreed by us that at 12.00 noon, both the parties will be present at the house. Sarpanch of village will also be requested to present there and in his presence, the wife shall remove a TV set, a cooking gas burner along with cylinder and her personal apparels and thereafter hand over keys of the house to the husband or any of his family member, present at the spot. Complaints, application and civil suit filed by the wife, as detailed under, shall be dismissed as withdrawn in view of the settlement between the parties:- Complaint case titled Taranpreet Kaur v. Harpal Singh under Section 307 IPC, pending in the court of CJM, Barnala. Complaint case titled Taranpreet Kaur v. Harpal Singh under Section 12 of the Domestic Violence Act pending in the court of JMIC, Barnala. Application titled Taranpreet Kaur v. Harpal Singh under Section 125 Cr.P.C. pending in the court of CJM, Baranal. Civil Suit titled Taranpreet Kaur v. Harpal Singh pending at Barnala. A complaint filed by the father of the husband, namely, Balwinder Singh against the wife pending in the court of CJM, Barnala shall also be treated as not pressed and disposed of in terms of the settlement arrived at between the parties. We have no objection in case the decree of divorce by way of mutual consent is passed dissolving the marriage between the parties." 3A. 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 the balance amount of Rs. 6,00,000/- by way of demand draft Nos. 016511 and 016447 dated 12.03.2011 and 07.03.2011 respectively drawn on HDFC Bank Limited, Sirsa amounting to Rs. 3,00,000/- each. It has also been agreed that the custody of minor daughter Gurpreet Kaur will remain with the father and mother will not claim any visiting rights or her custody at any time in future.;