Kulwant Singh vs Sangeeta

S.S. Saron, J.—The marriage between the parties was solemnised at Village Mehrampur, Tehsil Jagadhri, District Yamuna Nagar according to Hindu rites and ceremonies. The parties lived together and cohabited with each other. Due to matrimonial disputes between the parties, the appellant on 10.06.2008 filed a petition seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty. The petition of the appellant was dismissed by the learned Additional District Judge, Yamuna Nagar at Jagadhri on 16.10.2012. Aggrieved against the same, the appellant filed the present appeal.

Notice of motion was issued by this Court on 18.12.2012.

The parties were directed to appear before the Mediation and Conciliation Centre of this Court vide order dated 30.10.2013. In the Mediation and Conciliation Centre of this Court, mediation was carried out and a settlement was reached on 05.03.2014. The settlement reached at between the parties has been recorded by the Mediator and is signed by the parties. The terms and conditions of the compromise inter-alia envisage that the parties shall file a joint petition u/s 13-B of the Hindu Marriage Act and got their marriage dissolved. The petition, it was, agreed shall be filed in the Court of learned District Court at Yamuna Nagar at Jagadhri on or before 30.04.2014 besides other terms and conditions have been settled.

In the said circumstances, the petition for divorce by mutual consent must have been filed. It is for the said reason that none of the parties are appearing. Consequently, the appeal is dismissed in default in terms of Order 41 Rule 17 of the Code of Civil Procedure.