Saurabh Aggarwal v. Sonal Gupta

FAO-M-18-2022 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-M-18-2022 (O&M) Date of decision: 01.06.2022 Saurabh Aggarwal ..... Appellant

Versus

Sonal Gupta ..... Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA PRESENT: Appellant-Saurabh Aggarwal, in person Ms. Ritu Punj, Advocate.

Respondent-Sonal Gupta, in person Mr. Anil Sharma, Advocate.

RITU BAHRI, J. (ORAL) Appellant-Saurabh Aggarwal, has come up in this appeal against the order dated 18.05.2022, passed by the learned Additional District Judge, Chandigarh, whereby the joint petition under Section 13-B of the Hindu Marriage Act, 1955, (for short-'the Act'), filed by the parties for dissolution of marriage by a decree of divorce by mutual consent was dismissed on the ground that marriage of the parties was solemnized on 09.12.2021 and they started residing separately w.e.f.28.12.2021 and they could not be given the benefit of Section 14(1) of the Act as they did not establish the exceptional hardship and depravity. Minimum period of one year has to be elapsed before they would file a joint petition under Section 13-B of the Act. This appeal has RISHU KATARIA 2022.06.04 12:59 I agree to specified portions of this document

FAO-M-18-2022 (O&M) -2been filed on 26.05.2022.

Learned counsel for the appellant states that appellant who is present in Court is ready to pay Rs.20,00,000/- as permanent alimony to the respondent-wife which is accepted by her. Appellant has handed over two demand draft Nos. 621910 and 621911 dated 01.06.2022, amounting to Rs.5,00,000/- and Rs.15,00,000/- to the respondent-wife in Court today, as per compromise deed dated 20.03.2022 (Annexure A-2). Photocopies of the demand drafts are also taken on record as Annexures A-3 and A-4. Statements of the parties in this regard have also been recorded. Both the parties shall abide by the terms and conditions of compromise deed dated 20.03.2022 (Annexure A-2). Keeping in view the fact that both the parties are young and they want to go ahead in their life and all the terms and conditions of the compromise have been complied with, the present appeal is allowed. The parties are granted divorce by way of mutual consent and the impugned order dated 18.05.2022, is hereby set aside.

Decree-sheet be prepared, accordingly.

The pending miscellaneous application, if any, also stand disposed of.

( RITU BAHRI ) JUDGE June 01, 2022 ( ASHOK KUMAR VERMA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2022.06.04 12:59 I agree to specified portions of this document