High Court of Punjab and HaryanaFAO-M/254/2013disposed of

Manpreet Singh v. Parvinder Kaur

2024-09-05Mr. Justice Sudhir Singh,Mr. Justice Jasjit Singh Bedi6 pages

(120)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 05.09.2024 MANPREET SINGH ....Appellant versus PARVINDER KAUR ....Respondent

CORAM:

HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. H.S. Saini, Advocate for applicant-appellant.

Mr. HPS Ishar, Advocate for the respondent.

***** SUDHIR SINGH , J. (ORAL) CM-12442-CII-2024 and CM-12443-CII-2024

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Learned counsel for the applicants-appellants submits that during pendency of the appeal, parties amicably settled the matter by way of settlement dated 29.05.2024 (Annexure A-1), and the same was placed on record by way of CM-12442-CII-2024. They have decided to part ways on the terms and conditions contained in the said settlement/compromise.

For the reasons stated in application, same is allowed.

Main case (O&M) Vide judgment and decree dated 22.01.2013 passed by the learned Additional District Judge, SAS Nagar, Mohali, the petition filed by the petitioners seeking a decree of divorce under Section 13(ia) and 13(i)(ib) on the ground of cruelty.

Learned counsel for the petitioners submit that marriage between the parties was solemnized on 05.06.2006 according to Sikh rites and out of the said wedlock, one male child was born, on 28.02.2007. 4.1.

Learned counsel submit that during pendency of the appeal herein, parties amicably settled the matter by way of settlement dated 29.05.2024 (Annexure A-1) and an application No.CM-12442-CII-2024 has been filed for the conversion of the instant appeal into a petition U/s 13-B of HMA. The same has been allowed.

A joint affidavit has been filed under Section 13-B of the Act by both the parties by way of CM-12443-CII-2024. The same are taken on record. 6.

From the bare perusal of the record, it appears that the parties have been living separately for more than 17 years. 7.

Considering the factum of compromise between the parties, the cooling/ statutory period of 06 months is hereby waived off. 8.

The relevant of terms and conditions as contained in the settlement/compromise dated 29.05.2024 (Annexure A-1) arrived at between the parties, would read as under:-

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Respondent/wife is present in person in the Court. She has agreed with the terms of the settlement/ compromise dated 29.05.2024 arrived at between the parties and the contents of aforesaid joint affidavit dated 08.07.2024, and expressed her no objection to the same.

10.

In view of the settlement/compromise effected between the parties, present petition under Section 13-B of the Act is allowed. Since the divorce is being granted to the parties by way of mutual consent under Section 13-B of the Act, it goes without saying that the judgment and decree dated 22.01.2013 passed by the learned Additional District Judge, SAS Nagar, Mohali shall have no effect, and the same stands set aside. 11.

Joint decree sheet be drawn accordingly.

12.

Pending application(s), if any, shall stand disposed of. (SUDHIR SINGH) JUDGE (JASJIT SINGH BEDI) JUDGE 05.09.2024 JITESH Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No