LAWS(P&H)-2014-2-428

GURJEET KAUR Vs. SUKHJINDER SINGH

Decided On February 24, 2014
GURJEET KAUR Appellant
V/S
SUKHJINDER SINGH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE marriage between the parties was solemnized at Village Katlaur, Tehsil Chamkaur Sahib, District Ropar by Anand Karaj ceremony on 15.1.2006. After marriage, the parties cohabited together at Village Barsalpur, Tehsil Chamkaur Sahib, District Ropar. From the marriage, they had a daughter namely Simarpreet Kaur, who was born on 27.11.2007. On account of matrimonial disputes between the parties, Gurjeet Kaur -first party on 26.4.2008 filed a petition seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty. Her petition was dismissed by the learned District Judge, Ropar on 11.1.2010. Aggrieved against the same, she filed the appeal (FAO No.M -122 of 2010) in this Court. The appeal was admitted on 07.2.2011.

(3.) DURING the pendency of the appeal, Gurjeet Kaur -first party on 20.5.2013 stated that if the second party accepts her prayer for grant of a decree of divorce, she shall not claim any maintenance or permanent alimony for herself or for the minor child. Learned counsel for the second party prayed for time to seek instructions. The case was taken up on 02.7.2013 and Gurjeet Kaur -first party reiterated her statement. Learned counsel for the second party submitted that the second party -Sukhjinder Singh was in Bahrain and he had sent his General Power of Attorney dated 05.6.2013 authorizing his father Nirmal Singh son of Gurdev Singh to represent him in the present case and to compromise the matter. It was submitted that a joint petition in terms of Section 13 -B of the Hindu Marriage Act, 1955 shall be filed for the grant of divorce by mutual consent. To enable the parties to file a joint petition, the case was adjourned to 16.7.2013.