SANDEEP KUMAR Vs. KIRAN

JUDGEMENT

(1.) Challenge in the present appeal by the appellant husband is to the judgment and decree of the learned court below whereby petition filed by the respondent wife under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage was allowed. During the pendency of the appeal, the same was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent.

(2.) Briefly, the facts of the case are that the marriage of the parties was solemnised on 12.12.1999 as per Hindu rites at Amritsar. Out of the wedlock one son, namely, Chirag Sharma, was born. Due to temperamental differences, the parties could not pull on together. They are living separate since 2005. Petition filed by the wife for dissolution of marriage was allowed by the learned Additional District Judge, Amritsar, on 4.4.2009. This judgment and decree has been impugned by the husband before this court.

(3.) During the pendency of the appeal before this court, to explore possibility of settlement, the matter was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 13.7.2010. As per compromise, son namely, Chirag Sharma will remain in the custody of the mother. A sum of Rs. 3,80,000/- was settled as permanent alimony payable to the wife and the minor son.