ASHOK KUMAR Vs. ANJNA @ PINKI

JUDGEMENT

(1.) CHALLENGE in the present appeal by the appellant -husband is to the judgment and decree dated 13.5.2010 passed by learned Additional District Judge, (Fast Track Court) Rohtak whereby his petition under Section 13 of the Hindu Marriage Act (for short the Act) for dissolution of marriage has been dismissed.

(2.) BRIEFLY , the facts of the case are that the marriage of the parties was solemnized on 21.12.1996 as per Hindu rites. Though the parties lived together as husband and wife yet no issue was born out of the wedlock. Due to temperamental differences the parties could not pull on together. They are living separately since 21.6.2007. PetitionFAO No.237 -M/2010 2 filed by the appellant -husband for dissolution of marriage under Section 13 of the Act, as noticed above was dismissed. Hence the present appeal by the husband. During the pendency of the present appeal the matter was referred to Mediation and Conciliation Center of this Court, where the same was mutually settled on 24.2.2011. Thereafter on 7.7.2011 the appellant as well as respondent jointly filed CM No.16262 -CII of 2011 for conversion of the present appeal to a petition under Section 13 -B of the Act for grant of divorce by mutual consent in view of the aforesaid comprehensive settlement arrived at before the Mediation Center of this Court. Vide order dated 18.8.2011 the said application was allowed and the present appeal was converted into a petition under Section 13 -B of the Act and the parties were directed to be present for getting their statements recorded at the second motion.

(3.) TODAY both the parties were present in person in court and were identified by their respective counsel. Their joint statement of even date has been recorded separately. The extract of the joint statement is reproduced below: - "Our marriage was solemnized as per Hindu rites on 21.11.2007 at Bhiwani. Due to temperamental differences, we could not live together. We are living separately for the last more than four years. Number of efforts made for reconciliation failed. Petitioner no.2 had filed No.237 -M of 2010 against the judgment date 13.5.2010 passed by learned Additional District Judge (Fast Track Court),Rohtak whereby the petition under Section 13 of the H.M.Act filed by him has been dismissed. During the pendency of the appeal on 30.11.2010, we were directed to be present before the Mediation Center of this Court and before the Mediator -Ms.Sarita Sangar, the matter has been compromised. The amount of Rs.1,60,000/ - as permanent alimony in lump sum has been paid by the petitioner no.2 to petitioner no.1. Now, we both i.e. petitioner no.1 and petitioner no.2 undertake that we shall have no claims or demands against each other with respect to alimony, marital status etc. and all the disputes and differences in this regard have been amicably settled by us. We further undertake that if any case is pending that shall be withdrawn in view of the settlement (Mark A). We both have decided to part our ways and live separately. We have no objection if a decree of divorce by way of mutual consent is passed."