JUDGMENT

Lisa Gill, J.

This appeal had been filed by the appellant-husband challenging judgment and decree dated 05.05.2018, passed by learned Additional Judge, Amritsar, whereby petition under section 13 of HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act'), filed by him was dismissed.

2. It is submitted that marriage between the parties was solemnized on 19.02.1995. Two children, a daughter and a son were born out of this wedlock on 22.08.1996 and 16.02.1999, respectively. Dispute arose between the parties leading to filing of petition under Section 13 of the Act, by the appellant-husband, which was, however, dismissed on 05.05.2018.

3. Learned counsel for the parties submit that during pendency of this appeal, matter has been amicably resolved between the parties. Terms and conditions of the compromise have been reduced in writing. Settlement/agreement dated 24.11.2022 is available on record as R1.

4. Prayer on behalf of the parties for conversion of the petition to one under Section 13 -B of the Act is accepted in the given factual matrix. Petition under Section 13 -B of the Act, duly supported by the affidavits of both the parties is taken on record, subject to just exceptions.

5. Appellant and respondent no.1, duly identified by their counsel are present in Court. Both of them reiterate that matter has been amicably resolved. It is agreed that a sum of Rs.1,30,00,000/- would be accepted by respondent no.1 as full and final settlement of all her claims - past, present and future including permanent alimony, maintenance etc. and parties agree to seek divorce by mutual consent. It is reiterated that terms and conditions of the settlement are detailed in para 5(a) to (j) of settlement agreement dated 24.11.2022. Terms and conditions of the settlement, it is submitted, shall be adhered to by both of them. Three post dated cheques of Rs.20,00,000/-, dated 10.12.2022, Rs.37,00,000/-, dated 15.01.2023 and Rs.36,00,000/-, dated 06.02.2023, it is stated, were received by respondent no.1 on 30.11.2022. Respondent no.1 submits that all the three cheques have since been en-cashed. It is further stated that cheque no.076526, dated 21.02.2023, amounting to Rs. 37,00,000/-, has been received by her today. She submits that subject to encashment of this cheque, petition under Section 13 -B of the Act, be allowed. Photocopy of cheque dated 21.02.2023, drawn on Central Bank of India, in favour of respondent no.1, is taken on record, subject to just exceptions. It is further informed that the issue of loan amount as mentioned in the agreement has also been settled.

6. Learned counsel for the parties submit that statements of the parties in respect to the settlement arrived at between them on 24.11.2022 were duly recorded before the co-ordinate Bench on 30.11.2022, therefore, said statements be treated to be the statements of the parties at first motion.

7. Ordered accordingly.

8. Parties present in Court reiterate the terms and conditions of the settlement as well as the averments in the petition under Section 13 -B of the Act. Appellant present in Court reiterates the terms and conditions of the settlement as well as his statement recorded on 30.11.2022 and states that he shall remain bound by the same. It is further submitted that he would assist in taking necessary action for quashing of pending criminal proceedings including recording of his statement/s wherever necessary. Respondent no.1 (wife) also reiterates the terms and conditions of the settlement dated 24.11.2022 as well as the contents of her statement recorded on 30.11.2022 besides the averments in the petition under Section 13 -B of the Act. Both of them submit that they have b