Jagjit Singh vs Amandeep Kaur

S.S. Saron, J.—The statements of the parties at the second motion have been recorded in Court today. Both the parties have reiterated their statements recorded at the time of first motion on 10.01.2014. They have prayed for grant of divorce by mutual consent.

Learned counsel for the parties submit that in view of the joint petition, the statements of the parties recorded at the time of first motion, the compromise dated 22.10.2013 (Ex. C1) entered into between the parties and the statements recorded today at the second motion, the joint petition for grant of divorce by mutual consent may be accepted and the marriage between the parties be dissolved by a decree of divorce.

We have given our thoughtful consideration to the matter.

The marriage between the parties was solemnized by Anand Karaj ceremony at Gurdwara Sahib of village Bhagta Bhai Ka, Tehsil Phul, District Bathinda on 07.03.2004. After marriage the parties cohabited together as husband and wife at village Dalluwala, Tehsil Baghapurana, District Moga. From the marriage they had a son namely Ajaynoor Singh, who was born on 06.03.2005. Due to matrimonial disputes between the parties, Jagjit Singh (petitioner No. 1) on 10.10.2009 filed a petition u/s 13 of the Hindu Marriage Act, 1955 (Act-for short) seeking dissolution of the marriage between the parties on the grounds of cruelty and adultery. The petition of Jagjit Singh (petitioner No. 1) was dismissed by the learned Additional District Judge, Faridkot vide her judgment and decree dated 07.08.2012.

Jagjit Singh (petitioner No. 1) aggrieved against the same, filed an appeal (FAO No. M-89 of 2013) in this Court. Along with the appeal CMs were filed for condoning delay in re-filing the appeal and also for delay in filing the appeal. The delays were condoned and the case of the parties was referred to the Mediation and Conciliation Centre in the High Court and they were asked to appear on 06.08.2013.

In the Mediation and Conciliation Centre, the parties entered into a settlement on 22.10.2013 (Ex. C1). It was inter alia agreed that Jagjit Singh (petitioner No. 1) would pay an amount of Rs. 10 lacs as full and final settlement towards past, present and future maintenance of Amandeep Kaur (petitioner No. 2) and that Amandeep Kaur (petitioner No. 2) would have no further claim against Jagjit Singh (petitioner No. 1). The custody of the minor Ajaynoor Singh shall remain with Jagjit Singh-petitioner No. 1. In terms of the compromise, an amount of Rs. 10.00 lacs has been paid.

Petitioner No. 1 filed CM No. 1522-CII of 2014 seeking amendment of the petition initially filed for divorce and for converting the same to a joint petition of the parties u/s 13-B of the Act for grant of divorce by mutual consent and for dispensing with the waiting period of six months. The said CM was allowed to the extent that amendment of the petition for divorce initially filed was converted to a joint petition u/s 13-B of the Act was concerned. However, the prayer for dispensing with the waiting period of six months was declined vide order dated 10.01.2014.

The joint petition (CM No. 1523-CII of 2014) was taken on record. The statements of both the parties were recorded at the first motion on 10.01.2014. Both the parties stated that they want divorce by mutual consent. It was accepted that an amount of Rs. 4.00 lacs had been paid by Jagjit Singh-petitioner No. 1 to Amandeep Kaur-petitioner No. 2. The agreement reached at between the parties in the Mediation and Conciliation Centre on 22.10.2013 (Ex. C1) was tendered in evidence. The case was adjourned for second motion for today.

The parties are present and their statements at the second motion have been recorded. Both of them have reiterated that they want divorce by mutual consent. Jagjit Singh-petitioner No. 1 has tendered bank draft No. 000293 dated 09.07.2014 drawn on HDFC Bank for an amount of Rs. 6.00 lacs, which is the balance amount payable to Amandeep Kaur-petitioner No. 2. The same has been received by Amandeep Kaur-petitioner No. 2. The parties have stated that they have no other claim against each other. Therefore, in the facts and circumstances, it would be just and expedient to allow the joint petition for divorce filed by the parties.

Accordingly, the joint petition (CM No. 1523-CII of 2014) for grant of divorce by mutual consent is allowed and the marriage between the parties shall stand dissolved by a decree of divorce.

In view of the joint petition being allowed, learned counsel appearing for petitioner No. 1 submits that the appeal (FAO No. M-89 of 2013) filed by the appellant/petitioner No. 1 has been rendered infructuous and may be dismissed as such.

Learned counsel appearing for petitioner No. 2 has no objection to the same.

Accordingly, the appeal (FAO No. M-89 of 2013) is dismissed as infructuous.

The compromise dated 22.10.2013 (Ex. C1) shall form part of the decree. There shall be no order as to costs.