HARMINDER SINGH Vs. HARMANJIT KAUR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The marriage between the parties was solemnized on 06.04.2003 at village Saheri as per Sikh rites and ceremonies. From the marriage, the parties had no child. They lived as husband and wife till 2006 and, thereafter, they have been living separately since 08.07.2006. Harminder Singh (petitioner No.1) filed a petition under Section 13 of the Hindu Marriage Act, 1955 ("Act" - for short) seeking dissolution of his marriage with Harmanjit Kaur (petitioner No.2) on the ground of cruelty. The said petition was dismissed by the learned Additional District Judge, Chandigarh on 28.02.2011. Aggrieved against the same, Harminder Singh (petitioner No.1) filed the present appeal (FAO No. M-272 of 2011) in this Court.

(3.) During the pendency of the appeal, the parties reached at a compromise. On 06.12.2012, Harminder Singh (petitioner No.1) filed an affidavit dated 05.12.2012 stating therein that he had settled his differences with Harmanjit Kaur (petitioner No.2). He was ready to part ways with her on payment of Rs. 6,50,000/- to her, provided that all civil and criminal cases are withdrawn/compromised by her. Harmanjit Kaur (petitioner No.2) also filed an affidavit dated 05.12.2012 accepting the averments made in the affidavit filed by Harminder Singh (petitioner No.1) and agreed to the dissolution of the marriage between the parties by way of divorce by mutual consent. On 06.12.2012, this Court granted liberty to the parties to file an applicatin for converting the original petition filed under Section 13 of the Act to a petition under Section 13-B of the Act. Thereafter, in terms of order dated 14.12.2012 passed by this Court, CM No.31115-CII of 2012 for altering the original petition filed under Section 13 of the Act to a petition under Section 13-B of the Act was allowed. Separate affidavits dated 11.12.2012 were filed by the parties and it was stated that these be read as their separate statements for the first motion. Accordingly, this Court ordered that separate affidavits appended with the application be considered as statements of the parties in the first motion. Harminder Singh (petitioner No.1) handed over demand draft of Rs. 2,00,000/- to Harmanjit Kaur (petitioner No.2) as part payment, towards the amount to be paid, in accordance with the settlement. The case was adjourned to 27.06.2013 for proceedings as regards recording the statements of parties for the second motion. On the said date, it was adjourned for today.