The court applied the provisions of the Hindu Marriage Act, specifically Section 13 and Section 13-B, to grant the decree of divorce and order financial support for the child.

J.S. Narang, J. - The petitioner-appellant married the respondent in the month of November 1989 at Faridkot according to Sikh rites and that the Anand Karaj ceremony was duly performed. After the marriage, both of them lived together as husband and wife at village Nathuwala (West) and the marriage was duly consummated. From this wedlock, one male child was born on August 30, 1992. Thereafter, both the spouses fell out and the wife left the matrimonial home since 1993-94.

2. The husband, filed a petition under Section 13 of the Hindu Marriage Act, for seeking dissolution of marriage by way of decree of divorce. He alleged various allegations and the grounds for seeking divorce. The petition was contested by the wife and a detailed written statement was filed before the trial Court. A replication was filed reiterating the pleas in the petition and controverting the alleged allegations levelled by way of written statement. The trial court framed issues upon the pleadings of the parties and that both of them led documentary as well as ocular evidence. After examining the evidence brought on record and the totality of the circumstances spelt out, the trial Court dismissed the petition vide judgment and decree dated September 26, 2000.

3. Dissatisfied with the aforesaid judgment, the petitioner-appellant filed the aforesaid appeal. During the pendency of the appeal, some efforts are stated to have been made for bringing around reconciliation between the parties. However, the parties took time to seek dissolution of the marriage by way of mutual consent. Resultantly, the petition under Section 13-B of the Hindu Marriage Act, has been filed under the joint signatures of both the parties supported by their respective affidavits dated 15.11.2002. Both of them stepped into the witness box today and have deposed accordingly. They have identified their respective signatures upon the petition and also the affidavits. Respondent-wife has categorically admitted that she has received a sum of Rs. 2,50,000/- as permanent alimony in full and final settlement and she has executed the receipts in support thereof (i.e. one receipt for Rs. 1,50,000/- and the other for Rs. 1,00,000/-). She has further stated that she has received all the articles which are alleged to have been given to her by the family and she has also received all the articles received as Istridhan in the marriage. She has nothing to claim against her husband henceforth. She has also stated that she has accepted to take the custody of the child as the custody of the child remained with her from the day she left the matrimonial home. She has further stated that a complaint under Section 494 IPC had been filed but the same has been withdrawn and that no other civil or criminal litigation is pending between them. She has further accepted the offer made by the husband that he shall pay a sum of Rs. 1000/- per month to the child for his upkeep and childs education and she has given the consent as guardian of the child terming it to be beneficial in the interest of the child.

4. The husband has made a categoric statement that he shall pay a sum of Rs. 1000/- every month for the upkeep and education of the child. Apart from this he has accepted all other conditions contained in the affidavit of the wife. However, he has further stated that a sum of Rs. 1000/- shall be received by the child directly from the employer and that a copy of the order be sent to the concerned quarters so that the amount is directly sent by way of pay order/demand draft, as the case may be, drawn in favour of the child to be deposited in the bank account to be opened by the wife in the name of the child as his guardian/next best friend. He has further agreed that the said amount be treated as a charge upon his salary and be deducted every month accordingly as afore-stated. He has also stated that the Bank account opened in the name of the child be duly intimated so that the same can be forwarded to the co