SATPAL KAUR Vs. DHIAN SINGH

JUDGEMENT

(1.) PETITION under Section 13 of the Hindu Marriage Act filed by Dhian Singh against his wife Satpal Kaur was allowed and the husband was granted a decree of divorce under Section 13 (1a) (ii) of the Hindu Marriage Act against the wife, thereby dissolving their marriage. The said judgment dated 25. 5. 1987 has been challenged by the wife in this FAO. Today, the parties alongwith their Counsel have appeared and have filed agreement, Exhibit C-1, in the form of affidavit to the effect that they have compromised the dispute and are living together as husband and wife and that the decree of divorce dated 25. 5. 1987 passed by District Judge, Ropar, be set aside. Statements of the parties have been recorded separately. Statement of Dhian Singh respondent runs thus: "i was married to Satpal Kaur, present in Court on 9. 2. 1978. Two daughters and a son were born out of our wed-lock but the son had died. We had fallen out and could not reconcile, therefore, I had filed a petition seeking decree of divorce against my wife Satpal Kaur. That petition was allowed and decree was granted by District Judge, Ropar, vide his judgment dated 25. 5. 1987. That judgment has been challenged by Satpal Kaur in this appeal.

(2.) WITH the intervention of the relatives and friends, we have settled out disputes outside the Court. We are residing together as husband and wife at Fatehgarh Barain w. e. f. 24. 4. 1994. In view of our amicable settlement, I pray that my petition under Section 13 of the Hindu Marriage Act for decree of divorce may be dismissed and decree dated 25. 5. 1987 passed by District Judge, Ropar, set aside and this appeal be allowed.

(3.) I was married to Dhian Singh, my husband, present in Court, in the year 1978. One son and two daughters were born out of our wedlock but the son had died. Disputes arose between me and my husband which resulted in the filing of a petition for decree of divorce by my husband. Dhian Singh against me which was allowed by District Judge, Ropar and a decree of divorce was granted vide judgment dated 25. 3. 1987. The said judgment has been challenged by me in this appeal. With the intervention of relatives and friends, we have seen through reason and in the interest of our married life and in order to save our daughters from disaster we have compromised our disputes outside the Court. My appeal may, therefore, be allowed and the decree dated 25. 5. 1987 passed by District Judge, Ropar, which is impugned in this appeal, may be set aside.