PANKAJ KATYAL Vs. SHALINI KATYAL

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the appellant husband under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage, was dismissed on 27.10.2006.

(2.) BRIEFLY , the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 24.1.1996 at Faridabad. Out of the wedlock one female child namely Anshika Katyal was born, who is now living with the mother. Due to temperamental differences, the parties could not pull on together. They are living separate since 3.8.2003. Number of efforts made for reconciliation failed. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Faridabad, on 27.10.2006. Thereafter, the appellant husband filed appeal before this court. During the pendency of the appeal, the matter was mutually settled. 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. 6,75,000/ - was settled as permanent alimony to be paid to the wife by the husband and Rs. 6,75,000/ - in the shape of FDR for daughter Anshika Katyal. It was also agreed between the parties, that the husband will pay a sum of Rs. 50,000/ - annually to his daughter with effect from 1.1.2012 till 1.1.2018. Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement was recorded in the court. The text of the statement is extracted as under: - "Our marriage was solemnized on 24.1.1996 as per Hindu rites at Faridabad. One female child was born out of our wedlock, who is now living with the mother. Due to temperamental differences, we could not live together and are living separate since 3.8.2003. Number of efforts made for reconciliation failed. Divorce petition filed by the husband was dismissed by the Additional District Judge, Faridabad on 27.10.2006. The husband filed the appeal against that order before this court. During the pendency of the appeal, the matter was mutually settled. The wife has received Rs. 6,75,000/ - as permanent alimony for herself and FDR of Rs. 6,75,000/ - for daughter Anshika Katyal. It has further been agreed that husband will pay Rs. 50,000/ - annually to his daughter with effect from 1.1.2012 till 1.1.2018. Both the parties have already withdrawn their respective cases/appeals pending before different courts. Civil suit filed by the wife for permanent injunction pending in the court of Ms. Mona Singh, Civil Judge (Junior Division), Faridabad, shall be treated as not pressed in terms of the settlement arrived at between the parties. We will abide by the settlement arrived at between us on 10.2.2011. The parties have undertaken that they will not indulge each other or their family members in any litigation in future relating to the matrimonial dispute. We have no objection if a decree of divorce by way of mutual consent is passed."