Rajni v. Satinder Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 05.07.2023 1.

FAO No.2116 of 2018 (O&M) RAJNI ......Appellant Vs SATINDER KUMAR ....Respondent 2.

FAO-M No.188 of 2018 (O&M) RAJNI BALA ......Appellant Vs SATINDER KUMAR ....Respondent 3.

CR No.6961 of 2018 (O&M) RAJNI BALA ......Petitioner Vs SATINDER KUMAR ....Respondent 4.

CRM-M No.11874 of 2019 (O&M) SATINDER KUMAR ......Petitioner Vs RAJNI ....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present:Ms. Himani Kapila, Advocate and Mr. Rajesh Kapila, Advocate along with the appellant/Rajni in-person..

Mr. Vishal Sharma, Advocate along with the respondent/Satinder Kumar in-person. **** RAJ MOHAN SINGH, J. (Oral)

[1].

Vide this common order, FAO No.2116 of 2018, FAO-M No.188 of 2018, CR No.6961 of 2018 and CRM-M No.11874 of 2019 are being decided as inter se dispute is between the husband and wife.

[2].

FAO No.2116 of 2018 has arisen from the order dated 11.05.2017 passed by the Guardian Judge, Ferozepur in a petition under Section 25 of the Guardianship and Wards Act for the custody of the minor. Vide the aforesaid judgment, the custody of minor children i.e. daughter Yogini and son Holikesh was ordered to be given to the respondent-husband. [3].

FAO-M No.188 of 2018 has arisen from the judgment dated 05.05.2018 passed by the Additional District Judge, Hoshiarpur in a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by way of decree of divorce. Vide the aforesaid judgment, the decree of divorce has been passed in favour of the respondent-husband and marriage between the parties has been ordered to be dissolved on the ground of cruelty and desertion.

[4].

CR No.6961 of 2018 has arisen from the impugned orders dated 16.02.2018 and 07.09.2018 passed by the Civil Judge (Junior Division), Ferozepur in Execution Application No.1418/2017 arising out of the case No.GW/189/2013,

whereby the Civil Judge has dismissed the application filed by Rajni (Wife) for setting aside the ex parte order dated 16.02.2018.

[5].

CRM-M No.11874 of 2019 has been preferred by the petitioner/Satinder Kumar (husband) under Section 340 Cr.P.C. read with Section 482 Cr.P.C. for conducting an inquiry and initiating proceedings under Sections 191, 193, 199 & 200 IPC or directing the officer to initiate proceedings of perjury against the respondent/Rajni (wife) on the basis of false declaration made before this Court in the proceedings of appeal i.e. FAO No.2116 of 2018 and obtaining the order dated 09.01.2019 passed in CM No.26842-CII of 2018 by concealing the material facts.

[6].

Since all these appeal(s)/petition(s) have arisen from the matrimonial feud between the parties, therefore, the aforesaid cases were taken together on 16.05.2023 and following order was passed by the Co-ordinate Bench of this Court:- "Parties duly identified by their counsel are present in Court. Both of them state that they would be ready and willing to resume matrimonial ties, if given a chance. Both of them state that they would live together in harmony along with their minor children.

It is agreed that parties along with minor

children at the first instance shall stay together for four weeks starting from 01.06.2023 when summer vacation of the children are to start. It is stated that respondent shall pick up the wife and the minor children from Entry Gate of Bus Stand, Hoshiarpur at 11.30 a.m on 01.06.2023.

List on 05.07.2023.

Parties to remain present in Court on the next date of hearing.

Photocopy of this order be placed on the files of connected cases mentioned above.

(LISA GILL) JUDGE (RITU TAGORE) May 16, 2023.

JUDGE s.khan"

[7].

Evidently the parties to the litigation have amicably resolved their differences and have started living together by resuming their matrimonial ties. Both of them have stated before the Court on 16.05.2023 that they are ready and willing to resume the matrimonial ties along with their children and would live in harmony. It was agreed between the parties along with their minor children that at the first instance they will stay together for four weeks starting from 01.06.2023 during summer vacation of the children.

[8].

Today both the parties are present in Court and are ad idem that they would proceed further to lead their life

harmoniously for the sake of their children as well as for their own satisfaction.

[9].

In order to give effect to the aforesaid understanding between the parties, both the parties have jointly made a statement which has been recorded separately in the presence of their counsel, who have duly identified them and have also signed the joint statement as a token of confirmation. It has been undertaken in the joint statement by the parties that they would live their life peacefully and in harmony along with their children.

[10].

In view of consensus arrived at between the parties, all the aforesaid cases are disposed of in terms of the aforesaid undertaking.

[11].

Pending application(s), if any, shall also stand disposed of in terms of this decision.

(RAJ MOHAN SINGH) JUDGE (HARPREET SINGH BRAR) JUDGE July 5th, 2023 Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No