Balbir Singh vs Amarjit Kaur

V.K. Jhanji, J.—This appeal is directed against judgment and decree dated 3111989 whereby petition for divorce filed by appellant under Section 13 of the Hindu Marriage Act has been dismissed.

During the pendency of the appeal, parties to the marriage have arrived at a settlement. Settlement in writing dated 2951997 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 3051997 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 13B of the Hindu Marriage Act and their marriage be dissolved by mutual consent.

Having regard to the fact that the marriage between the parties was solemnised in the year 1980 and they cohabited together as husband and wife for only 56 days and since February 1981 they have been living apart, I am of the view that there is no chance of reconciliation between them and it would be in the interest of the parties if the marriage between them is dissolved by mutual consent. Accordingly, petition under Section 13 of the Act is ordered to be converted into one under Section 13B of the Act. Prayer made to dissolve the marriage by mutual consent in terms of Section 13B of the Act is allowed. In the result, the marriage between the parties is hereby dissolved by a decree of divorce by mutual consent.

Appeal as well as petition under Section 13B of the Act stand disposed of in the terms indicated above. No costs.

Copy of the order be given Dasti on payment.