Amardeep Singh v. Ramandeep Kaur

C.R 7057 of 2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.R 7057 of 2019 Date of decision : 07.11.2019 AMARDEEP SINGH ..Petitioner V/S RAMANDEEP KAUR

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. A.D.S Jattana, Advocate, for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 24.10.2019 (P-5) whereby the Court has declined to waive off the statutory period of 06 months in HMA No. 14 of 2019 in case titled as Amardeep Singh and Ramandeep Kaur' pending before the Court of Addl. Civil Judge (Sr. Divn.) cum Sub Divisional Judicial Magistrate, Bholath, District Kapurthala Issue notice of motion.

Ms. Ramandeep Kaur, Advocate who is present in the Court accepts notice on behalf of the respondent.

Learned counsel for the parties state that the matter stands duly compromised between the parties and the parties have given their joint statement to this effect on 11.10.2019 in a petition under Section 13-B of the Hindu Marriage Act. The petitioner has agreed to pay Rs.57,00,000/- to the respondent as full and final settlement which include the past, present and future maintenance of Harleen Kaur minor also. Respondent has received Rs.57,00,000/- vide cheques bearing No. 093804 of Rs.30 lacs, 149147 of Rs.7 GAURAV ARORA 2019.11.20 16:17 I attest to the accuracy and integrity of this document Chandigarh

C.R 7057 of 2019 lacs, 367809 of Rs.6 lacs and 704696 of Rs.2 lacs. Further respondent has agreed to transfer her 1⁄2 share of house in village Rehmanpur, District Jalandhar in the name of petitioner.

However, the joint statement is silent with regard to visiting rights of the child.

Learned counsel for the parties state that at the stage of recording 2nd statement in the divorce petition, both the parties will settle the visiting rights of the child as well.

Keeping in view the guidelines issued by the Supreme Court in the case of Amardeep Singh V/s. Harveen Kaur 2017(4) RCR (Civil) 608 all the conditions of waiving off statutory period of six months have now been complied with and further all the disputes between the parties have now been resolved, the present revision is allowed. Order dated dated 24.10.2019 (P-5) is being set aside and direction is being given to the trial court to pass appropriate order after curtailing the period of six months. Parties will appear before the trial Court and will make the statement with regard to visiting rights of the child. November 07, 2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2019.11.20 16:17 I attest to the accuracy and integrity of this document Chandigarh