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Fao No.M-404 of 2010 (Oandm) Vs. Nisha - Court Judgment

LegalCrystal Citation
CourtPunjab and Haryana High Court
Decided On
AppellantFao No.M-404 of 2010 (Oandm)
RespondentNisha
Excerpt:
.....of punjab and haryana at chandigarh. fao not m-404 of 2010 (o&m) date of decision:02. 08.2013 janesh kumar ..appellant versus nisha ..respondent coram: hon'ble mr justice rajive bhalla hon'ble mr.justice dr. bharat bhushan parsoon present: mr.i.p.goyat, advocate, for the appellant. mr.dinesh kumar, advocate for mr.s.k.sharma, advocate, for the respondent. rajive bhalla, j. (oral) prayer in this petition is for grant of divorce by mutual consent. parties were married as per hindu rites on 08.12.2004 but on account of matrimonial differences, initiated various civil and criminal proceedings against one another. janesh kumar, filed a petition under section 9 of the hindu marriage act, 1955 (hereinafter referred to as the “act”.).for grant of a decree of restitution of conjugal.....
Judgment:

FAO not M-404 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

FAO not M-404 of 2010 (O&M) Date of Decision:

02. 08.2013 Janesh Kumar ..Appellant versus Nisha ..Respondent CORAM: HON'BLE MR JUSTICE RAJIVE BHALLA HON'BLE Mr.JUSTICE DR.

BHARAT BHUSHAN PARSOON Present: Mr.I.P.Goyat, Advocate, for the appellant.

Mr.Dinesh Kumar, Advocate for Mr.S.K.Sharma, Advocate, for the respondent.

RAJIVE BHALLA, J.

(ORAL) Prayer in this petition is for grant of divorce by mutual consent.

Parties were married as per Hindu rites on 08.12.2004 but on account of matrimonial differences, initiated various civil and criminal proceedings against one another.

Janesh Kumar, filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”.).for grant of a decree of restitution of conjugal rights, which was dismissed on 12.8.2010.

Aggrieved by this order, Janesh Kumar filed an appeal.

During pendency of the appeal, the appellant and the respondent appeared before the Mediation and Conciliation Centre, of this Court and executed a settlement/agreement deciding to part ways on terms and conditions, which read as follows:- (1) Disputes and differences had arisen between parties hereto and FAO not M-404 of 2010 was filed Varinder Kumar 2013.08.13 16:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO not M-404 of 2010 (O&M) 2 before the Hon'ble Punjab & Haryana High Court by Janesh; (2) The matter was referred to Mediation & Conciliation Centre vide order dated 07.05.2012 passed by Hon'ble Mr.Justice Satish Kumar Mittal and Mr.Justice T.P.S.Mann; (3) The parties agreed to the appointment of MRS.Sarita Sangar as the Mediator in the matter of mediation/conciliation proceedings; (4) After long discussion parties with the assistance of Mediator and their counsels have voluntarily arrived at an amicable solution in the above mentioned disputes and differences; (5) The parties hereto confirm and declare that they have voluntarily and of their own free will arrive at this settlement/agreement in the presence of mediator as well as their counsels; (6) The following settlement has been arrived at between the parties hereto:- (a) That the parties have agreed that they will take divorce from each other in a short time and they will file mutual consent divorce in the appropriate court; (b) The parties have agreed that their daughter namely Neha, who is about 6 years old, who was born out of this wedlock and presently living with her mother will remain Varinder Kumar with the mother and the father will not claim her custody 2013.08.13 16:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO not M-404 of 2010 (O&M) 3 in future; (c) That in lieu of maintenance of the daughter as well as wife a sum of Rs.16 lacs (Rupees Sixteen Lacs only) has been agreed to be given to the wife-Nisha on 06.08.2012 in the Hon'ble High Court; (d) It is agreed that this sum of Rs.16 lacs will be given in two Bank Drafts.

A draft of Rs.11 lacs (Rupees Eleven Lacs only) will be given in the name of Nisha-wife and another draft of Rs.5 lacs (Rupees Five Lacs only) will be in the name of Neha, D/0 Nisha, which will be deposited in the bank in fixed deposit under the guardianship of her mother Nisha; (e) It is also agreed that all pending cases civil or criminal between both the parties, if any, including complaint under Section 406 and 498-A will be withdrawn or quashed after the payment of Rs.16 lacs is made in the Hon'ble Court; (f) It is also agreed that the above said amount of Rs.16 lacs (Rupees Sixteen Lacs only) will be full and final settlement between both the parties and the complainant or her daughter will not claim any alimony and maintenance in future; (g) By signing this agreement, the parties hereto state that they have no further claims or demands against each other with respect to alimony, marital status, custody etc.Varinder Kumar and all disputes and differences in this respect have been 2013.08.13 16:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO not M-404 of 2010 (O&M) 4 amicably settled by the parties hereto through the process of mediation; and (h) The parties undertake before the Hon'ble High Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.”

The parties, thereafter, filed a joint petition under Section 13-B of the Act for dissolution of marriage by grant of a decree of divorce.

Statements of parties, in fiRs.motion, were recorded on 24.1.2013, which read as follows:- “ Statement of Janesh Kumar son of Sat Pal, resident of village Hathur, Tehsil Jagraon, District Ludhiana.

On S.A.I agree that my marriage with Nisha may be dissolved by grant of a decree of divorce by mutual consent in terms of our compromise dated 26.7.2012 recorded before the Mediation & Conciliation Centre, Punjab and Haryana High Court, Chandigarh.

Despite our repeated efforts, we have not been able to bridge our differences and the only couRs.open to us is to pray for dissolution of marriage by grant of a decree of divorce by mutual consent.”

R.O & A.C.Sd/- Sd/- in English ( RAJIVE BHALLA) Janesh Kumar JUDGE Sd/- January 24,2013 ( REKHA MITTAL) JUDGE”.

Varinder Kumar 2013.08.13 16:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO not M-404 of 2010 (O&M) 5 “Statement of Nisha wife of Janesh Kumar, daughter of Mela Ram, resident of Mohalla Ashok Puri, Ahmedgarh, District Sangrur.

On S.A.I agree that my marriage with Janesh Kumar may be dissolved by grant of a decree by mutual consent in terms of our compromise dated 26.7.2012 recorded before the Mediation & Conciliation Centre, Punjab and Haryana High Court, Chandigarh.

Despite our repeated efforts, we have not been able to bridge our differences and the only couRs.open to us is to pray for dissolution of marriage by grant of a decree of divorce by mutual consent.

R.O & A.C.Sd/- Sd/- in English ( RAJIVE BHALLA) Nisha JUDGE Sd/- January 24,2013 ( REKHA MITTAL) JUDGE”.

Janesh Kumar and Nisha are present in court, accompanied by their respective counsel and state that despite expiry of six months, they have not been able to reconcile their differences and therefore, pray that their marriage may be dissolved by grant of a decree of divorce in terms of the settlement arrived at before the Mediation and Conciliation Centre, of this Court.

Janesh Kumar has handed over, to the respondent, a total amount of Rs.16 lacs by way of five demand drafts bearing nos.828311 dated Varinder Kumar 2013.08.13 16:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO not M-404 of 2010 (O&M”

31. 7.2013,828315 dated 29.7.2013, 828316 dated 29.7.2013, 022655 dated 30.7.2013 and 022656 dated 30.7.2013, amounting to Rs.03 lacs, 04 lacs, 04 lacs, 03 lacs and 02 lacs, respectively, We have heard counsel for the parties, perused averments in the petition, considered statements, in fiRs.and second motions, terms and conditions of the settlement/agreement and satisfied that prayer for grant of divorce by mutual consent is a bona fide decision, taken by parties, without coercion, collusion or fraud.

The petition for grant of divorce is allowed and marriage between Janesh Kumar and Nisha is dissolved by grant of a decree of divorce by mutual consent.

The parties shall be bound by terms and conditions of the settlement and Nisha shall withdraw the criminal complaint filed by her on or before the next date of hearing.

In case of any subsequent difficulty, parties will be free to approach this court by way of an appropriate application.

Decree-sheet be drawn up accordingly.

( RAJIVE BHALLA ) JUDGE ( DR.

BHARAT BHUSHAN PARSOON ) 02.08.2013 JUDGE VK Varinder Kumar 2013.08.13 16:05 I attest to the accuracy and integrity of this document High Court Chandigarh


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