Sarwan Singh vs Palwinder Kaur

L. N. Mittal

Marriage between petitioner Sarwan Singh and respondent Palwinder Kaur was dissolved by ex parte decree of divorce dated 08.11.2002 filed by petitioner against respondent u/s 13 of the Hindu Marriage Act. Respondent-wife filed application for setting aside the said ex parte judgment and decree of divorce dated 08.11.2002. Learned Additional District Judge, Gurdaspur vide impugned order dated 15.09.2010 has allowed the said application and has set aside ex parte judgment and decree of divorce dated 08.11.2002. The said order is under challenge in the instant revision petition filed under Article 227 of the Constitution of India by husband Sarwan Singh.

On the preceding date of hearing, with the intervention of Court, parties arrived at amicable settlement. Pursuant thereto, written compromise deed filed today in Court is taken on record, subject to all just exceptions. As per compromise, the petitioner has today paid in Court to respondent bank draft for Rs.5,00,000/-(Rupees five lacs) in favour of respondent and also fixed deposit receipt of Rs.2,00,000/-(Rupees two lacs) in favour of baby Ramandeep Kaur minor daughter of the parties under the guardianship of respondent-mother. Photostat copies of the bank draft and fixed deposit receipt filed today in Court are taken on record, subject to all just exceptions.

Both the parties and their counsel admit that parties have arrived at compromise as detailed in written compromise deed filed today in court. Thus the case has been lawfully compromised.

In view of compromise, the instant revision petition is allowed. Impugned order dated 15.09.2010 passed by learned Additional District Judge, Gurdaspur is set aside and ex parte judgment and decree of divorce dated 08.11.2002 are restored. The parties shall remain bound by the terms and conditions contained in the compromise deed.