HARPAL SINGH Vs. TARANPREET KAUR

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the appellanthusband under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage, was dismissed on 19.7.2010.

(2.) Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites (Anand Karaj) on 28.7.1999. Out of the wedlock one female child namely Gurpreet Kaur was born on 22.2.2001, who is presently residing with the father. Due to temperamental differences, the parties could not pull on together. They are living separate since 5.6.2005. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Barnala, on 19.7.2010. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court, where the same was mutually settled on 24.01.2011. The petition was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent.

(3.) As per the agreement, a sum of Rs. 12,00,000/- was settled as permanent alimony to be paid to the wife by the husband. She had received Rs. 6,00,000/- on 14.3.2011. Today both the parties were present in person in court along with their respective fathers. They were identified by their respective counsels. Their joint statement was recorded in the court. The same was even endorsed by the fathers of both the parties. The text of the statement is extracted as under:-