Payal Manhas v. Vikas Bhandari

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.227 Date of Decision: 22.04.2022 Payal Manhas ...Appellant

Versus

Vikas Bhandari

...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Gobind Dhanda, Advocate, for the appellant.

Mr. Ranbir Singh Rawat, Advocate for the respondent.

* * * * RITU BAHRI, J.

CM No.4162-CII of 2022 This application has been moved on behalf of Payal Manhas-applicant/appellant under Section 151 CPC read with Section 13-B of the Hindu Marriage Act, 1955 (for short 'the Act') for converting the appeal bearing FAO No.3637 of 2021 into a petition under Section 13-B of the Act and for placing on record the amended petition under Section 13-B of the Act.

Learned counsel for the non-applicant-respondent submits that he has no objection if this application is allowed. Since the parties have settled their dispute by way of the mutual consent, the present application is allowed and the appeal bearing FAO No.3637 of 2021 is being converted into a petition under Section

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13-B of the Act and the amended petition is taken on the record. FAO No.3637 of 2021 By way of filing the present appeal, the appellant has challenged the judgment and decree dated 06.12.2021 passed by the Principal Judge, Family Court, Panchkula, whereby the petition filed by her under Section 11 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce has been dismissed. On 07.04.2022, the appellant was present in the Court and her statement was recorded wherein she has stated that she has compromised the matter with the respondent-husband vide settlement/ compromise deed dated 29.03.2022/04.04.2022 and they have decided to part-with by way of mutual consent. She has also stated that she will not claim any maintenance from the respondent-husband and will not file any case against the respondent in future.

Today respondent-Vikas Bhandari is present in the Court and his statement has also been recorded in the Court. The copy of his Aadhar Card is also taken on record.

As per the statement of the respondent-Vikas Bhandari, he has compromised the matter with the appellant vide the afore-said settlement/compromise deed and decided to part-ways by mutual consent. He shall remain bound by all the terms of the compromise/ settlement. He has no objection if the present appeal be converted into a petition under Section 13-B of the Hindu Marriage Act, 1955. He also undertakes not to file any kind of case against the appellant-wife in

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future.

Keeping in view the statements made by the appellant on 07.04.2022 as well as by the respondent in the Court today, this Court is satisfied that there is no chance of reconciliation between the parties, therefore, the present appeal is allowed and the judgment as well as decree dated 06.12.2021 passed by the Court below are set-aside. The marriage solemnized between the parties stands dissolved by way of mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Decree-sheet be drawn accordingly.

(RITU BAHRI) JUDGE 22.04.2022 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No