INDERJIT SINGH Vs. INDERJIT 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 17.3.2009.

(2.) BRIEFLY , the facts of the case are that the marriage of the parties was solemnised as per Sikh rites (Anand Karaj) on 19.6.1988 at Village Kot Maan, PO Bhundri, Tehsil Jagraon, District Ludhiana. Out of the wedlock two children namely Amrinder Singh (son) and Davinder Kaur (female) were born, who are presently residing with the respondent mother. Due to temperamental differences, the parties could not pull on together. They are living separate since 1994. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Ludhiana, on 17.3.2009. 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 22.7.2010. 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 settlement, 10 acres of land out of husband's share along with Rs. 1,00,000/ - has been settled as past, present and future permanent alimony for the wife and both the children. 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 19.06.1988 as per Sikh rites at Village Kot Maan, PO Bhundri, Tehsil Jagraon, District Ludhiana. One son namely Amrinder Singh and one daughter Davinder Kaur were born out of our wedlock. Due to temperamental differences, we could not live together and are living separate since 1994. Number of efforts made for reconciliation failed. Divorce petition filed by the husband was dismissed by the Additional District Judge, Ludhiana on 17.03.2009. The husband filed the appeal against the order dated 17.03.2009 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 22.07.2010. 10 acres of land out of husband's share along with Rs.1 lakh in cash has been transferred in the name of the respondent towards past, present and future permanent alimony for herself and both the children. The appellant has also handed over the vacant physical possession of the said land to the respondent. All the expenses for transfer of land in name of respondent or her children i.e. the expenses of stamp fee, documentation etc. have been borne by the appellant. It is agreed that the said settlement is final. The respondent and her children will be barred from claiming any right after this settlement. Both the parties have already withdrawn their respective cases/appeals pending before different courts. We will abide by the settlement arrived at between us on 22.07.2010. We 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."