Appellant seeks conversion of FAO No.53-M of 2009 into a Section 13(b) divorce petition following compromise reached at Mediation and Conciliation Centre; court converts FAO and dissolves marriage.
Converted FAO No.53-M of 2009 under Section 13-B of Hindu Marriage Act and dissolved the marriage.
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F.A.O. No.53-M of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
F.A.O. No.53-M of 2009 Date of Decision:02.12.2009
Sukhwinder Singh
.....Appellant
Vs.
Manjit Kaur
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. Sarjit Singh, Senior Advocate with Ms. Deepinder Kaur, Advocate for the appellant.
Mr. R.S. Dhaliwal, Advocate for the respondent.
HARBANS LAL, J.
This appeal has been moved by Sukhwinder Singh against the judgment dated 24.12.2008 passed by the Court of learned Additional District Judge (Adhoc), Patiala vide which he dismissed the divorce petition moved under Section 13 of the Hindu Marriage Act, 1955.
Vide order dated 18.8.2009, the matter was referred to Mediation and Conciliation Centre of this Court for compromise. The parties have arrived at compromise before the said Centre. In the proceedings dated 14.10.2009, the aforesaid Centre has mentioned that “Sh. Sukhwinder Singh – appellant shall make a statement before the Hon'ble Court on the date so fixed by the Hon'ble Court that the present FAO No.53M of 2009 be converted into under Section 13B of Hindu Marriage Act and their marriage be dissolved as such.”
F.A.O. No.53-M of 2009 -2-
As per the compromise arrived at before the said Centre, the respondent- wife has received demand draft in the sum of Rs.2 lacs apart from Rs.5,000/- in cash from the learned counsel for the appellant today in the Court. She has stated in her statement recorded separately that she will remain bound by the statements made by her before the aforesaid Centre of this Court. In compliance with the terms and conditions as embodied in the proceedings before the said Centre, Ms. Deepinder Kaur, Advocate counsel for the appellant has made statement recorded separately that she has got no objection if FAO No.53-M of 2009 be converted into one under Section 13B of the Hindu Marriage Act and the marriage between the parties be dissolved.
In view of the statements of the parties, this FAO is converted to the one under Section 13-B of the Hindu Marriage Act and the marriage between the parties stand dissolved.
December 02, 2009 ( HARBANS LAL ) renu JUDGE
1 issue framed by the court
Whether FAO No.53-M of 2009 can be converted to a Section 13(b) divorce petition upon compromise reached before a Mediation and Conciliation Centre.
1 provisions across 1 enactments
Sukhwinder Singh
Manjit Kaur
Harbans Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
