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2007 Supreme(P&H) 662
PUNJAB & HARYANA HIGH COURT
M.M.Aggarwal, J.
Parmajit Singh
Versus
Agnieszka Ewa
C.M. No. 6363CII of 2007,
Decided On : MARCH 26, 2007
The court can grant a decree of divorce based on the compromise between the parties under the Special Marriage Act.
Headnote:
Compromise - Special Marriage Act - The court accepted the appeal for divorce based on the compromise between the parties, leading to the dissolution of the marriage.
Fact of the Case:
The respondent-wife sought to be separated from the appellant and requested a decree of divorce based on a compromise between the parties.
Finding of the Court:
The court accepted the appeal and granted the decree of divorce based on the voluntary appearance of the respondent-wife and the compromise between the parties.
Issues: The main issue was the dissolution of the marriage based on the compromise between the parties.
Ratio Decidendi: The court's decision was influenced by the voluntary appearance of the respondent-wife and the compromise between the parties, leading to the dissolution of the marriage.
Final Decision: The court granted the decree of divorce, thereby dissolving the marriage between the parties.
M. M. AGGARWAL, J.
1. This is an application for preponing the hearing of the appeal and deciding the matter in view of the compromise between the parties. FAO No.300-M of 2005: the main appeal is against the judgment dated 05.09.2005 of Additional District Judge, Jalandhar whereby petition filed by paramjit Singh, petitioner- husband against Agnieszka Ewa, respondentwife, under Sec.27 of the Special Marriage Act, 1954 for decree of divorce, was dismissed. F. A. O. No.300-M of 2005
2. Now respondent-wife says that she has compromised with the appellant and she wants to be separated away from him ( Paramjit singh, husband ) and decree of divorce may be granted. Respondent-wife Agnieszka Ewa is a Poland Nationality and is stated to have settled in Italy. She understands some words of English. I have put questions to her and have satisfied myself that she has voluntarily appeared in the Court to get divorce from the appellant. Respondent-wife further says that the marriage may be dissolved by way of decree of divorce. Under these circumstances, appeal is accepted. The marriage between the parties shall stand dissolved by way of decree of
