BHAGIRATH Vs. RANI

JUDGEMENT

(1.) Appellant has filed an application under Section 151, Civil Procedure Code to dispose of the appeal on the basis of a compromise entered into between the parties. It is prayed that the compromise be verified by recording the statements of the parties and a decree of divorce be granted in terms of compromise Exhibit P-1. Appellant has filed his affidavit in support of this petition. He has also appended the original compromise deed, which is in 'Gurmukhi' and its English translation as well.

(2.) Respondent-wife was noticed for today. She appeared in the Court. Statements of appellant and respondent were recorded. Both of them have testified that they were married on 27.2.1991 at Phillaur. After marriage, they lived together, according to husband for 12 days and according to wife for 20/22 days and since then they are living separately. Wife has also stated that thereafter on 2/3 occasions, she went to her matrimonial home, but every time because of quarrelsome behaviour of the husband, she came back to her parental home. Both the parties have admitted that in 1993, wife filed the petition under section 125, Code of Criminal Procedure, against the appellant-husband, which was allowed by the Magistrate in December, 1995 and the appellant was ordered to pay Rs. 400/- per month as maintenance to the wife. In July 1993, husband filed a divorce petition before the Matrimonial Court at Jalandhar which was dismissed on 27.5.1995. Husband has preferred appeal against that judgment and decree, which is pending the High Court.

(3.) Both the parties have also stated on oath that with the intervention of certain respectables on 6.6.1996, they have entered into a compromise, which is reduced in writing and is produced at Exhibit P-1 in Gurmukhi and its English translation is Exhibit P-1/A. Both have admitted that after understanding its contents, they have signed it. As per terms of compromise, husband has returned all dowry articles to the wife and has also paid Rs. 1,80,000/- to her in full and final settlement of her all claims against him. Wife has admitted that she has received back all the dowry articles. She has also received Rs. 1,80,000/- in full and final settlement of all her claims against the husband. Both pray that a decree of divorce be passed in terms of this compromise.