BALBIR SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated 3-11-1989 whereby petition for divorce filed by appellant under Section 13 of the Hindu Marriage Act has been dismissed.

(2.) DURING the pendency of the appeal, parties to the marriage have arrived at a settlement. Settlement in writing dated 29-5-1997 has been placed on record. The same has been signed by the parties to the marriage and their counsel, in presence of their witnesses. As per the settlement, appellant has paid a sum of Rs. 4,00,000/- to the respondent by means of a pay order dated 30-5-1997 of Oriental Bank of Commerce, in full and final settlement of her all claims, past or future, including the Istridhan etc. Respondent has also undertaken not to claim any right or interest whatsoever in the movable or immovable property of the appellant. As regards the maintenance, she has agreed that she shall not claim any arrears of maintenance pendente lite awarded under Section 24 of the Hindu Marriage Act and any arrears of maintenance awarded under Section 125 Cr. P.C. She has also stated that she will have no claim for permanent alimony and maintenance under Section 25 of the Act or any claim regarding any dowry articles and Istridhan and property of the appellant under Section 27 of the Hindu Marriage Act as she has received a sum of Rs. 4,00,000/- (Rs. Four lacs) in full and final settlement of all her claims. The parties to the marriage have stated that petition under Section 13 of the Hindu Marriage Act be converted into one under Section 13-B of the Hindu Marriage Act and their marriage be dissolved by mutual consent.