JUDGMENT

Lisa Gill, J.

CM-989-CII-2023

At request and with consent of appellant appearing in person and learned counsel for the respondent, hearing of this appeal is preponed from 21.02.2023 for today itself.

2. Application is disposed of accordingly.

CM-489-CII-2023

3. Petition under Section 13-B of HINDU MARRIAGE ACT , 1955, annexed alongwith the application, is taken on record, subject to just exceptions.

4. Application is disposed of accordingly.

FAO No. 3898 of 2022

5. This appeal had been filed by the appellant being aggrieved of judgment dated 13.07.2022, passed by learned Principal Judge, Family Court, Amritsar, whereby amount of Rs.35,000/- per month was granted to the respondent-wife as maintenance pendente-lite on the application under Section 24 of HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act'), filed by the respondent-wife, in the petition under Section 12 of the Act, filed by the husband.

6. During pendency of this appeal, the matter has been amicably resolved between the parties. Settlement/Agreement dated 28.10.2022 is attached with the file. Same is taken on record as Mark A-1. The terms and conditions are duly mentioned in para 10 (a) to (s) of the Agreement.

7. Statements of the parties who seek divorce by mutual consent, were recorded at first motion on 28.10.2022. The appellant and respondent are present in Court. It is reiterated that the matter has been amicably settled between the parties with the terms and conditions being reduced into writing on 28.10.2022.

8. It was agreed between the parties that a total sum of Rs. 12,00,000/- would be paid by the appellant-husband as settlement of all claims of the respondent-wife qua maintenance, permanent alimony etc. and the parties agreed to mutually seek dissolution of their marriage. It is reiterated that terms and conditions of the settlement are detailed in para 10(a) to (s) of Agreement/Compromise Deed dated 28.10.2022.

9. Demand draft for a sum of Rs. 4,50,000/- was handed over to the respondent-wife on 28.10.2022 and demand draft dated 03.01.2023, for a sum of Rs. 7,50,000/- has been handed over to the respondent in Court today. Photocopy thereof is taken on record, subject to just exceptions. Matriculation certificate and birth certificate of the respondent have also been handed over to her in Court today. Photocopies of same are taken on record.

10. The parties submit that they seek dissolution of their marriage, which was solemnized on 16.04.2019. It is stated that they have been living separately since September, 2019 and no child was born out of this wedlock. It is submitted that petition under section 12 of of the HINDU MARRIAGE ACT , 1955, filed by the appellant has since been withdrawn on 04.11.2022. All proceedings initiated by the respective parties, it is stated, have since been withdrawn and both the FIRs, which were registered, also stand quashed. It is further stated that settlement has been arrived at between the parties out of their own free will and volition without any pressure, coercion or undue influence from any quarter. Parties submit that they shall remain bound by the terms and conditions of the settlement. Appellant and respondent seek waiver of statutory period of six months for recording their statements at second motion as it is submitted that there is no possibility of their cohabiting together. In support of this assertion, reliance has been placed upon the judgment of the Hon'ble Supreme Court in Amardeep Singh v. Harveen Kaur , 2017(8) SCC 746 , wherein the Hon'ble Supreme Court has held that the Court in case of there being no hop