Bhagwan Dass v. Neelam Devi

FAO No. 946 of 2024 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh FAO No. 946 of 2024 (O&M) Date of Decision: 01.5.2025 Bhagwan Dass ......Appellant

Versus

Neelam Devi .....Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE VIKAS SURI

Present:

Appellant in person with Mr. Dheeraj Mahajan, Advocate.

Respondent in person with Mr. Harsh Thakur, Advocate.

**** SURESHWAR THAKUR , J. (ORAL) 1.

During the course of hearing being made upon the instant appeal, the appellant and the respondent appeared before this Court, and, recorded their respective statements, statements whereof become extracted hereinafter.

"Statement of Neelam Devi D/o Sh. Prem Chand, currently residing at Village Datiyal, Post Office Jainpur, Tehsil and District Pathankot, (second address- Village Dholian Jattan, Post Office Kort Punu, Tehsil Maheen, District Kathua J&K) on oath. That, in case my husband-appellant is ready and willing to pay Rs. 13.50 lacs to me, within three months from today by transferring the said amount in my Savings Bank Account No.

43634734501 at SBI, Branch Dayala Chak, IFSC-SBIN0002331, and, to construct a two room house along with a washroom and kitchen in a living vicinity, and, that in case the said house is ensured to be registered in my name through a registered deed of conveyance being executed by my husband-appellant, thereupon I shall deliver the possession of the present house, shops and land appurtenant thereto, owned by the present appellant to him. In addition to the above, I am also ready and willing to accept a sum of Rs. 13.50 lacs as full and final settlement in respect of my claims against the present appellant. Accordingly, the Hindu Marriage Gurpreet Singh 2025.05.

FAO No. 946 of 2024 (O&M) -2Petition No. 13 of 7.1.2019 filed by the present appellant, seeking rendition of a decree be allowed. Moreover, all the pending cases shall be withdrawn by me.

x x x x"

"Statement of Bhagwan Dass, S/o Ram Ditta, resident of village Dholian Jattan, Post Office Kort Punu, Rajbagh, Kathua (J&K), presently posted at Manipur, on oath.

That, I have heard the statement of my wife i.e. the present respondent. I am ready and willing to abide by what has been stated thereins by the respondent.

x x x x"

2.

In view of the supra made statements by the contesting litigants, the instant appeal is allowed. The impugned verdict, as made by the learned Family Court concerned, upon the Hindu Marriage Petition (supra), denying to the appellant, the relief of annulment of his marital ties with the respondent, is quashed and set aside. 3.

The marital ties inter se the appellant and the respondent, are ordered to be dissolved through a decree of dissolution of marriage, being prepared by the Registry of this Court.

4.

However, the annulment of the marital ties of the present litigants, is subject to the fulfillment of each of the conditions set-forth in their supra made statements. In case, any of the litigant party breaches the undertaking(s) made before this Court, thereupon, this Court shall be free to draw perjury proceedings against the litigant concerned. 5.

The miscellaneous application(s), if any, is/are also disposed of. (SURESHWAR THAKUR) JUDGE (VIKAS SURI) JUDGE May 01, 2025 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh 2025.05.02 13:38 I attest to the accuracy and integrity of this document Chandigarh