HARINDER PAL SINGH Vs. RAMANDEEP KAUR

JUDGEMENT

(1.) The present appeal is preferred by the husband Harinder Pal Singh to strike-off part of the directions issued by the trial Court while passing a decree of dissolution of marriage by mutual consent of the parties.

(2.) Appellant Harinder Pal Singh figuring as Party 1 and the respondent Smt.Ramandeep Kaur figuring as Party 2 moved a petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by a decree of divorce by mutual consent. The appellant paid a sum of Rs. 5 lacs towards her maintenance and the maintenance of minor child born to them. They had also agreed that the female child, namely, Mr.Nimrat shall remain in the custody of the respondent herein. The appellant has waived his right to claim the custody of the minor child. They had also agreed to withdraw the respective cases filed by them. With the above terms and conditions, they agreed to part ways amicably and pursuant to which they filed the above petition under Section 13-B of the Act. The trial Court granted divorce by mutual consent. While passing the decree of divorce by mutual consent, the following direction also was issued by the trial Court and the same is under challenge before this Court:-

(3.) The appellant moved a petition for review of the above order before the trial Court. But the trial Court rejected such a plea on the ground that the trial Court has every authority to pass such a direction in the interest of justice to protect the interest of minor.