Arjinder Kaur v. Sukhjinder Pal Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 15.11.2023 Arjinder Kaur ...Appellant

Versus

Sukhjinderpal Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE SUMEET GOEL Present:- Ms. Arjinder Kaur-appellant with Mr. Ritesh Pandey, Advocate.

Mr. Sukhjinder Pal Singh-respondent with Mr. Onkar Singh Batalvi, Advocate.

*** SUDHIR SINGH , J. (Oral) Learned counsel for the appellant has submitted that the matter has already been compromised and a compromise deed is being filed in the Court today. The same is taken on record and is marked as Mark 'A'. Registry to tag the same at appropriate place. The terms of compromise is as under :- "Whereas second party has filed a case under Section 13 of HMA for the dissolution of Marriage on the ground of Mental

Cruelty and desertion and the same was decreed in favour of second party on 9.3.2021 by the ld. Principal Judge, Family Court, Gurdaspur and the first party has filed the present appeal against the judgment dated 9.3.2021.

Similarly first party had filed a criminal complaint against the second party in which he has been acquitted and an appeal is pending before this Hon'ble Court besides this she has also filed maintenance which is also pending at Gurdaspur. Whereas during the pendency of this appeal, better seance has been prevailed upon both the parties and a compromise has been effected and it has been decided that second party would pay a total sum of Rs.10,00,000/- (Ten lacs only) to the first party for her past, present and future maintenance in two instalments of Rs. 5 lacs each.

Whereas the second party has already paid Rs. 5 lacs to the first party and he is ready and willing to pay the second instalment of Rs. 5 lacs also.

Whereas after receiving the second instalment, the first party would withdraw her all cases pending in the Hon'ble Court and she would not claim anything from the second party. Whereas the second party would not take any benefit or claim with regard to the findings of the ld. Principal Judge with regard to issue No. 1 and 2.

Whereas both the parties have decided that they would not indulge any litigation in future and would keep peace and harmony.

Whereas in view of the compromise mentioned above, the first party wishes to withdraw her present appeal." In compliance to the terms of the compromise, a demand draft of Rs. 5 lakhs has already been handed over to the counsel for the appellant. Let a xerox copy of the said demand draft be kept on the record. Registry to tag it at appropriate place.

Considering the fact that the matter has been compromised, counsel for the respondent supports the contentions advanced on behalf of the counsel for the appellant.

Accordingly, the present appeal stands disposed of in light of the compromise between the parties. Parties shall remain bound by terms of compromise deed dated 15.11.2023.

(SUDHIR SINGH) JUDGE (SUMEET GOEL) JUDGE 15.11.2023 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No