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High Court of Punjab and HaryanaFAO-M/229/2019allowed

Ajit Singh v. Gurvinder Kaur

2022-10-28Ms. Justice Ritu Bahri,Ms. Justice Nidhi Gupta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-M-229-2019 (O&M) Date of decision: 28.10.2022 Ajit Singh ...Appellant Vs.

Gurvinder Kaur

...Respondent

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

Present:

Mr. Sanjeev K. Bawa, Advocate for the appellant. Mr. Vivek Suri, Advocate for the respondent.

*** RITU BAHRI, J. (ORAL) Appellant is seeking setting aside of impugned judgment and decree dated 15.11.2009 passed by the Principal Judge, Family Court, Panchkula whereby the petition filed by the respondent under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, was allowed. The marriage was solmenized between the parties on 27.08.2004. Thereafter, the respondent had filed a petition under Section 13 (1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, for dissolution of marriage and the same was allowed and divorce was granted to the parties vide impugned judgment and decree dated 15.11.2019. Feeling aggrieved against the same, the appellant filed the present appeal. The parties have compromised the matter vide compromise deed (Annexure A2).

Both the parties are present in the Court and their statements have been recorded.

Since, the matter has compromised and statements of the parties have been recorded, nothing remains due, this Court has suo moto converted the present appeal into petition under Section 13-B of the Act for grant of divorce by way of mutual consent and also allowed the same. The parties ASHOK KUMAR 2022.12.07 15:04 I attest to the accuracy and integrity of this document

FAO-M-229-2019 (O&M) are granted divorce by way of mutual consent and the impugned judgment and decree dated 15.11.2009, are hereby set aside. The custody of minor daughter Jasmilan will remain with the respondent and the appellant has been given the visitation rights. Decree-sheet be prepared, accordingly.

( RITU BAHRI ) JUDGE ( NIDHI GUPTA ) 28.10.2022 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2022.12.07 15:04 I attest to the accuracy and integrity of this document