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High Court of Punjab and HaryanaFAO-M/131/2009dismissed

Suman v. Parveen Kumar

2017-05-30Mr. Justice Surinder Gupta,Mr. Justice Jitendra Chauhan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No. M-131 of 2009 Decided on : 30.05.2017 Suman . . . Appellant

Versus

Parveen Kumar . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE HARINDER SINGH SIDHU PRESENT: Mr. R.D. Yadav, Advocate for the appellant.

Mr. Naresh Kumar, Advocate for the respondent.

**** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant states that during the pendency of the present appeal before this Court, the matter was referred to the Mediation and Conciliation Centre of this Court, whereby, on 03rd February, 2017, the parties have entered into an Mediation Settlement Agreement for resolving their matrimonial dispute arising in the Hindu Marriage Act, 1955 (in short 'the Act').

2.

It was further stated by learned counsel for the appellant that in terms of the aforesaid Settlement Agreement dated 03rd February, 2017, the parties have filed the petition under Section 13B of the Act before the trial Court for divorce by way of mutual consent, in which statements on first motion have been recorded.

3.

In view thereof, it was prayed that the present appeal may be dismissed as withdrawn. However, it was prayed that liberty be given to the Jawala Ram 2017.06.02 15:55 I attest to the accuracy and authenticity of this document Chandigarh appellant-wife to move an application for revival of the present appeal, in

FAO No. M-131 of 2009 - 2 - case, the respondent-husband resiles from the settlement/agreement. 4.

Dismissed as withdrawn. It is, however, made clear that the parties shall remain bound by the terms of the settlement/agreement dated 03rd February, 2017 and in case the respondent-husband resiles from making the statement on the second motion or any of the terms & conditions of the settlement/agreement, it shall be open for the appellant to move an application for revival of the present appeal. (AJAY KUMAR MITTAL) JUDGE (HARINDER SINGH SIDHU) May 30, 2017 JUDGE J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2017.06.02 15:55 I attest to the accuracy and authenticity of this document Chandigarh