SATINDER PAL SINGH Vs. DAMAN PREET KAUR

JUDGEMENT

(1.) The petitioner has filed this petition under Art. 227 stating therein that the petitioner had filed a Divorce petition against the respondent being HMA No. 863/2006 before the learned ADJ and the petitioner filed his evidence in May, 2007. The respondent delayed the proceedings and did not cross examine the petitioner and his witnesses. However, on 4th June, 2008, the petitioner and the respondent made a joint statement agreeing for a divorce by mutual consent on following conditions:-

(2.) Out of amount of Rs. 8 lacs, a sum of Rs. 5 lacs was to be paid at the time of grant of divorce by mutual consent and a sum of Rs. 3 lacs was to be paid at the time of quashing of FIR. Both the parties made a joint statement in the Court of ADJ where Divorce Petition filed by husband was pending and undertook to abide by this compromise. After signing this compromise, when respondent was asked to sign the joint Divorce Petition she refused to sign the joint Divorce petition and make a statement in pursuance thereof before the Court. She also refused to co-operate in the quashing of FIR.

(3.) It is stated that the petitioner has ever been ready to fulfil his part of the compromise. The petitioner got prepared drafts for a sum of Rs. 5 lacs for payment to the respondent. Copies of drafts for amount of Rs. 5 lacs dated 27th to 30th June, 2008 have been placed on record. The case was fixed for joint statement of parties before the Court on 1st July, 2008 when respondent refused to make joint statement and sign the joint petition. Thereafter, on subsequent hearings also respondent refused to join the proceedings.