SUMITH INDER SINGH CHAUHAN Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2011-10-191
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 03,2011

SUMITH INDER SINGH CHAUHAN Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) The marriage between the petitioner and respondent No.2 was solemnized on 7.8.2005 according to Sikh rites at Chandigarh. One male child born on 22.4.2009 out of this wedlock. Some misunderstanding arose between the parties, which led to filing of various litigation. Respondent No.2-wife lodged FIR No.366, dated 11.9.2009, under Sections 498A, 406 IPC at Police Station Phase I, Mohali against the petitioner. The petitioner filed a petition under Section 9 of the Hindu Marriage Act at Bangalore whereas respondent No.2 filed a petition under Section 125 of Cr.P.C. Before Judicial Magistrate Ist Class, Mohali. The petitioner thereafter had approached this Court for grant of anticipatory bail by filing Criminal Misc. No.M-17405 of 2010. On 14.10.2010, this Court referred the matter to the Mediation and Conciliation Centre of this Court for settlement of disputes. The parties appeared and arrived at a settlement on 5.8.2010. Both the parties agreed to withdraw their respective cases filed against each other. The parties further agreed to file a petition for divorce on the ground of mutual consent.
(2.) Parties have reached for full and final settlement of disputes and the petitioner has agreed to pay a sum of Rs.7 lacs to the wife-respondent No.2. This amount was to be paid by way of two drafts i.e. one of Rs.3.5 lacs in the name of the minor child, Yashnoor Singh and the second draft of Rs.3.5 lacs in favour of respondent No.2. Both the parties have already withdrawn petition under Section 9 of the Hindu Marriage Act and petition under Section 125 Cr.P.C. on 16.8.2010 and 20.8.2010 respectively.
(3.) The petitioner and respondent No.2 both have filed a divorce petition on the ground of mutual consent under Section 13-B of the Hindu Marriage Act. The same has been allowed by the District Judge, Chandigarh on 14.5.2011. The petitioner has already paid a sum of Rs.3.5 lacs by way of bank draft to respondent No.2 at the first hearing of the mutual divorce petition. The second draft has also been handed over in the Court and as per the mutual understanding is to be handed over to the wife once the present FIR is quashed. he present petition stands adjourned to 13.12.2011.;


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