HARJINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The dispute is between husband and wife. Harjinder Pal Singh, petitioner, got married to Baljit Kaur, respondent No.2 on 18.4.1989. Out of the wedlock, a son, named Paramvir Singh, was born on 24.1.1992 which presently is living with the petitioner. Since 28.10.1993 the parties to the marriage are living apart. On 28.10.1994, respondent No.2 filed a petition under Section 13 of the Hindu Marriage Act for dissolution of the marriage. The present Criminal Misc. Application was filed by the petitioner on 10.7. 1995 for grant of anticipatory bail in complaint titled Baljit Kaur v. Harjinder Pal Singh, dated 25.1.1995 under Sections 323/ 324/ 342/ 355/ 366/ 386/ 387/ 498A1 504/ 506 IPC pending in the court of Sub Divisional Judicial Magistrate, Sultanpur Lodhi. Vide order dated 1.8.1995, file of case, petition under Section 13 of the Hindu Marriage Act, titled as Baljit Kaur v. Harjinder Pal Singh pending in the court of AddI. District Judge, Jalandhar was ordered to be transmitted to this Court. The case was thereafter adjourned 3-4 times so as to enable the parties to reach to some sort of settlement. Today, the parties are present in Court. They have filed a corn promise petition vide which the parties have agreed that petition under Section 13 of the Hindu Marriage Act filed by wife be converted into one under Section 13B of the Hindu Marriage Act and the marriage between them be dissolved by a decree of divorce by mutual consent. As per the compromise petition, the petitioner husband has transferred in favour of respondent wife a plot measuring 7 marlas, i.e. his share in land falling in Khasra No. 379/55 situated at Sultan pur Lodhi. Petitioner husband has also undertaken that he would not threaten, intimidate and beat up respondent No.2, her parents and her relatives and would keep away from place of work and residents of respondent-wife. Respondent No 2 i.e. wife has transferred in favour of petitioner, House No. 396, Model Town, Scheme 1, Kapurthala, and also a Maruti Car, PCO 709. Respondent No.2 has stated that she would withdraw complaint filed by her against the petitioner under Sections 323/324/342/ 354/355/366/386/387/506 IPC, which is pending before Sub Divisional Judicial Magistrate, Sultan pur Lodhi. In regard to custody of minor son namely Paramvir Singh, the parties have agreed that his custody would remain with the petitioner who would not have any right to claim any property of respondent No.2 through the minor.

(2.) The compromise petition which bears the signatures of both the parties and also their respective counsel is ordered to be taken on record as mark C-1.

(3.) In view of compromise between the parties and having regard to the fact that there is no chance of reconciliation, the petition under Section 13 of the Hindu Marriage Act titled as Baljit Kaur v. Harjinder Pal Singh is taken on record of this Court and converted into one under Section 13-B of the Hindu Marriage Act. In view of settlement between the parties for getting the marriage dissolved by mutual consent, the petition under Section 13-B of the Act is allowed and the marriage between the parties is hereby dissolved under Section 13-B of the Hindu Marriage Act. A draft in the sum of Rs. 1,25,000/- photocopy of which has been placed on record drawn in the name of Baljit Kaur, respondent No.2 has been handed over to her in person. Since the marriage between the parties has been dissolved and respondent No.2 wife has agreed not to pursue the complaint pending in the court of Sub Divisional Judicial Magistrate, Sultanpur Lodhi, a reference of which has been made in the earlier part of this order, no useful purpose would be served to continue with the proceedings in the same. Accordingly, the said complaint and the proceedings initiated thereon shall stand quashed. Petition allowed.