LISA GILL, RITU TAGORE
Nirmal Singh – Appellant
Versus
Harmanjit Kaur – Respondent
JUDGMENT
Lisa Gill, J.
This appeal has been filed by the appellant - husband challenging judgment and decree dated 03.10.2016 passed by the learned District Judge, Bathinda whereby appellant's petition under section 13 of the HINDU MARRIAGE ACT , 1955 (for short - 'the Act' )and suit for permanent injunction had been dismissed.
2. During pendency of this appeal, matter has been amicably resolved between the parties. Their statements regarding agreement were recorded on 08.12.2022. It was agreed between the parties that a sum of Rs.15 lakhs would be handed over to the respondent - wife by the appellant and sum of Rs.5 lakhs in the form of FDR would be given to the minor daughter born out of the wedlock of the parties. Appellant further undertook to purchase 4 kanal 10 marlas of land in favour of minor daughter - Deepinder Kaur at village Singhewala, District Sri Mukhtsar Sahib. Both the parties undertook to withdraw all the cases filed by them against each other and also undertook not to file any further case against each other. However, dispute again arose between the parties with the terms and conditions of the settlement not being adhered to. Matter was again referred before the M
The main legal point established is the court's authority to dissolve a marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, based on a genuine settlement between the partie....
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
Marriage can be dissolved by mutual consent between spouses.
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