JAGJIT SINGH Vs. GUNWANT KAUR

JUDGEMENT

(1.) This is an appeal filed by husband against the judgment of the learned Additional District Judge, Chandigarh. The facts leading to this appeal are as under.

(2.) The parties were married on 12th October, 1973. The appellant- husband filed an application, under section 13 (1) (i) (b) of the Hindu Marriage Act, for the grant of a decree of divorce on the ground of desertion. His application was dismissed by the trial Court. Dis- satisfied by the judgment of the trial court he filed the present appeal. During the pendency of the appeal, the parties have compromised, vide compromise deed Annexure 'A' placed on record, according to which the respondent-wife has agreed that the appellant-husband may be granted the decree of divorce in consideration of payment of a sum of Rs. 9,000/- to her. Both the parties are present in Court. The wife has received the sum of Rs. 9,000/- from the husband in Court. In view of the compromise arrived at by the parties, their application under order 23, rules 1 and 3, of the Civil Procedure Code, is allowed and a decree for divorce by mutual consent under section 13B(l) of the Hindu Marriage Act, 1955 (As amended by 1976 amendment) is passed. In consequence, the appeal is accepted and the impugned judgment and decree of the trial court is set .aside. No costs Appeal accepted.