Bikramjit Singh vs Daljit Kaur

Rajesh Bindal, J.—Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the Appellant u/s 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage was dismissed. During the pendency of the appeal, the same was amended and converted into a petition u/s 13B of the Act for divorce by mutual consent.

Briefly, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites on 18.4.1999 at Amritsar. Out of the wedlock three children were born. Due to temperamental differences, the parties could not pull on together. They are living separate since July 2004. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Jalandhar, on 3.5.2010. Thereafter, he filed appeal before this Court.

During the pendency of the appeal before this Court to explore possibility of reconciliation, the matter was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 30.8.2010. Both sons, namely, Jagsharanjit Singh and Preetkamal Singh will remain in the custody of the mother and the custody of the daughter, namely, Shubhkarmanjit Kaur, will remain with the father. No party will claim any right regarding custody, visiting and maintenance of the children in future. It was also agreed that the husband will deposit a sum of Rs. 2,80,000/-with the Cashier of the High Court as full and final settlement towards permanent alimony. It was also decided that the parties will withdraw all the cases filed by them against each other and their respective family members.

Today both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:

Our marriage was solemnised as per Sikh rites on 18.4.1999 at Amritsar. Out of our wedlock three children were born. Due to the temperamental differences, we could not live together. We are living separate since July, 2004. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Jalandhar, u/s 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 3.5.2010. During the pendency of appeal before this Court by the husband, the matter in dispute was compromised on 30.8.2010 before the Mediation and Conciliation Centre in the High Court. As per compromise, the parties decided to part ways by filing application for converting petition u/s 13B of the Act. As per the settlement, the parties have withdrawn all the cases filed by them against each other and their respective family members. Both sons, namely, Jagsharanjit Singh and Preetkamal Singh will remain in the custody of the mother and the custody of the daughter, namely, Shubhkarmanjit Kaur, will remain with the father. No party will claim any right regarding custody, visiting and maintenance of the children in future. As per the compromise, the husband has deposited a sum of Rs. 2,80,000/- with the Cashier of the High Court as full and final settlement towards permanent alimony, to which the wife shall be entitled to receive. We have no objection if a decree of divorce by way of mutual consent is passed.

The parties have settled their disputes amicably and got their statement recorded to this effect, which was not found to be under any pressure or coercion. The parties have withdrawn all civil and criminal cases filed by them against each other. The custody of both the sons, namely, Jagsharanjit Singh and Preetkamal Singh will remain with the mother and the custody of the daughter, namely, Shubhkarmanjit Kaur, will remain with the father. No party will claim any right regarding custody, visiting rights or maintenance of the children in future. They have no objection if the decree of divorce by way of mutual consent is passed. The amount deposited by the husband with the Registry of this Court be sent to the wife by demand draft to be deposited in Account No. 06552151000685 Oriental Bank of Commerce, Zira Branch.

Considering the aforesaid facts and finding the statement to be bonafide, a decree of divorce by way of mutual consent is passed, dissolving the marriage of Bikramjit Singh son of Jagjit Singh and Daljit Kaur daughter of Gurnam Singh. The judgment of learned Court below is modified to the extent mentioned above.

The appeal stands disposed of accordingly. Decree sheet be prepared.