Disposed

Balwinder Kaur v. Bir Bahadur Singh

Punjab & Haryana HC18 Feb 2010FAO/2067/2003

Case brief

AI extract

What is this about?

During pendency of appeal setting aside ex parte divorce decree, parties reached a mediated compromise agreeing to dissolve marriage by mutual consent and settled maintenance. Consequently, the Court disposed of the appeal without adjudicating merits.

What did the court decide?

Parties to dissolve marriage by mutual consent; past maintenance settled at Rs.70,000; future maintenance at Rs.2,000/month.

Balwinder Kaur Vs Bir Bahadur Singh — Matrimonial and Divorce | Punjab & Haryana HC (2010)

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FAO No.2067 of 2003 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2067 of 2003 (O&M) DATE OF DECISION: 18.02.2010

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Smt. Balwinder Kaur . . . . Appellant

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VS.

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Bir Bahadur Singh . . . . Respondent

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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

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Present: None for the appellant.

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Mr.R.K. Gupta, Advocate for the respondent.

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RAKESH KUMAR JAIN J. (ORAL)

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This appeal is filed by appellant-wife assailing order dated 30.1.2003 passed by the District Judge, Ambala whereby an application under Section 9 Rule 13 of the Code of Civil Procedure, 1908 (for short ‘CPC’) filed by her for setting aside ex parte decree of divorce obtained by respondent – husband against her from the Court of District Judge, Ambala dated 4.12.1999 has been dismissed.

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During the pendency of appeal, the matter was placed before the Mediation Centre of this Court on 24.12.2009 where an agreement/compromise was arrived at between the parties, which has been duly signed by the appellant, Sarjit Singh (father of the appellant), Mr.S. K. Sharma, Advocate for the appellant, respondent and Mr.R.K. Gupta, Advocate for the respondent. The terms and conditions of the agreement / compromise reads as under: -

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FAO No.2067 of 2003 (O&M)

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“1. That both the parties will make a joint request to the Hon’ble Court for dissolving their marriage by mutual consent on the date as fixed by this Hon’ble Court. The appellant – Smt. Balwinder Kaur will not press the present FAO No.2067 of 2003.

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2. That both the parties have agreed that respondent will pay Rs.70,000/- (Seventy thousand only) as full and final settlement regarding past maintenance till today i.e. December 2009 to the appellant. The respondent has brought the said amount in cash and has paid the said amount to the appellant in the Mediation Centre today. As regards the future maintenance, it is agreed between the parties that the respondent Sh. Bir Bahadur Singh will pay Rs.2,000/- (Two Thousand Only) per month w.e.f. January, 2010 to the appellant as full and final settlement and shall pay the said amount to her till her death or till her re-marriage. The respondent will deposit Rs.2,000/- (Two thousand only) before 7^th of every month in the account of the appellant i.e. Saving Account No.0102531700, Punjab National Bank, Haripur Jhugian, District Patiala. The appellant is fully satisfied with the aforesaid amount i.e. Rs.70,000/- (Seventy Thousand only) as per maintenance and Rs.2,000/- (Two Thousand only) per month as future maintenance and will not claim any enhancement or any right in his property or anything else in future.

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3. That both the parties have agreed that they will withdraw all the civil and criminal cases pending between them before any court.

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4. That the appellant and the respondent have two children i.e. Son and daughter from their

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FAO No.2067 of 2003 (O&M)

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wedlock and both of them are major. At present, both the children are staying with the respondent. The respondent states that he will not object to the meeting of the children with the appellant outside his house.

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5. That both the parties are completely satisfied with the compromise and will not launch any case Civil / Criminal against each other in future.

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6. That the matter has been amicably and voluntarily settled between the parties through the process of mediation.

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That the contents of the aforesaid agreement / compromise has been read over and explained to both the parties and they found the same as correct.”

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In view of the aforesaid compromise entered into between the parties, nothing is left to be decided by this Court and as such the present appeal is accordingly disposed of.

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(RAKESH KUMAR JAIN) February 18, 2010 JUDGE Vivek

Balwinder Kaur v. Bir Bahadur Singh

Case brief

What is this about?

What did the court decide?

Balwinder Kaur v. Bir Bahadur Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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