High Court of Punjab and HaryanaFAO-M/132/2017allowed

Amandeep Kaur v. Harpreet Singh

2022-10-31Ms. Justice Ritu Bahri,Ms. Justice Nidhi Gupta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-M-132-2017 (O&M) Date of decision: 31.10.2022 Amandeep Kaur ..Appellant

Versus

Harpreet Singh ..Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Manish K. Singla, Advocate for the appellant. Mr. Arvind Kashyap, Advocate for the respondent. *** RITU BAHRI , J (Oral) This appeal has been filed for setting aside the judgment and decree dated 24.04.2017 passed by the Additional District Judge, Fatehgarh Sahib, whereby the petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (in short 'the Act'), has been dismissed.

The marriage between the parties was solemnized on 18.06.2011 at Sirhind, Tehsil and District Fatehgarh Sahib. However, after marriage, respondent and his family members maltreated and harrassed the appellant for bringing less dowry. Thus, the appellant had filed the petition under Section 13 of the Act, which was dismissed by the trial Court vide impugned judgment and decree dated 24.04.2017. Feeling aggrieved, the appellant has filed the instant appeal. Learned counsel for the appellant, on instructions, submits that appellant is not insisting for any maintenance/permanent alimony or arrears from the respondent. The divorce petition filed by the appellant has already been dismissed by the trial Court vide impugned judgment dated 24.04.2017.

Statements of the parties have been recorded. ASHOK KUMAR 2022.11.22 17:03 I attest to the accuracy and integrity of this document

FAO-M-132-2017 (O&M) Keeping in view the statements made by both the parties, who are physically present to attend the Court proceedings today and are being represented through their counsels, this Court while exercising its jurisdictional powers and suo moto is converting the instant appeal to a petition under Section 13-B of the Act. Accordingly, the present appeal is allowed; impugned judgment and decree dated 24.04.2017 is set aside and the marriage between the parties is hereby dissolved by way of mutual consent. Decree-sheet be drawn accordingly.

( RITU BAHRI ) JUDGE ( NIDHI GUPTA ) 31.10.2022 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2022.11.22 17:03 I attest to the accuracy and integrity of this document