GURVINDER SINGH GILL, J

. (Oral)

CM-1463-CII-2026

The instant application has been filed seeking waiving off, of the ‘cooling off period’ as prescribed under the provisions of Section 13-B of Hindu Marriage Act.

Since, we find that the matter has been amicably resolved amongst the parties and that the parties have been residing separately since 2009, forcing the parties to wait further for passing the decree of divorce will not serve any useful purpose. The application, as such, is accepted and the mandatory cooling off period is hereby waived off.

FAO-M-432-2015 (O&M)

1. While appellant-Gurdarshan Singh Gill had preferred this appeal assailing judgment and decree dated 12.08.2015 vide which his petition under Section 13 of Hindu Marriage Act for grant of divorce had been dismissed by learned Additional District Judge, Panchkula, the parties having been referred to Mediation and Conciliation Centre of this Court were able to amicable resolve their issues and a settlement/agreement dated 12.01.2026 (Annexure A-1) has been entered into between the parties.

2. We find that it is a case where the parties had solemnized marriage on 28.12.2007 as per Sikh Rites and Ceremonies, but on account of certain differences having crept in their relationship, which could not be resolved the parties ultimately chose to get their marriage dissolved by way of mutual consent.

3. Vide order dated 02.02.2026, the parties were granted permission to convert this appeal into a petition under Section 13-B of Hindu Marriage Act and the amended petition under Section 13-B of Hindu Marriage Act was taken on record on said date itself.

4. When the matter was taken up before this Court on the last date i.e. on 19.03.2026, appellant-Gurdarshan Singh Gill (husband) had handed over a draft amounting to Rs.75,00,000/- in favour of his wife Harpuja Sandhu which had been duly accepted by her. Separate statements in first motion of the parties were recorded in this Court on 19.03.2026.

5. Pursuant to the settlement effected amongst the parties, appellant- Gurdarshan Singh Gill has today brought another draft for the balance amount of Rs.75,00,000/- which has been handed over to the respondent and who accepts the same. A copy of the same has been furnished and the same is taken on record.

6. Learned counsel for the parties produced notorized statements of the parties (in second motion) wherein they have reiterated their stand that they have entered into a compromise and have chosen to get the marriage dissolved by decree of divorce by mutual consent. It has further been stated therein that the agreed amount of Rs.1,75,00,000/- already stands paid which would include the amount of Rs.75,00,000/- which has been paid today in the Court to the respondent. The aforesaid statements are taken on record as Exhibits A-2 and A-3.

7. Upon being quizzed by this Court, both the parties i.e. Gurdarshan Singh Gill and Harpuja Gill @ Puja Sandhu, who have been duly identified by their respective counsel, admitted that the matter has been compromised vide compromise/settlement (Annexure A-1). Both the parties stated that their marriage stands irretrievably broken and they have been residing separately since 2009 and have been litigating since the last about 16 years and specifically stated that their marriage may be dissolved by way of decree of divorce by mutual consent.

8. Both the parties have submitted that they shall duly abide by all the terms and conditions of the compromise/settlement and that the total amount settled as permanent alimony i.e. Rs.1,75,00,000/- already stands paid.

9. In view of the aforestated position wherein lump sump payment towards permanent alimony has been paid to respondent-Harpuja Gill @ Puja Sandhu and in view of the statements of both the parties (duly notorized) placed on record today, we are satisfied that the parties have voluntarily chosen to dissolve their marriage by mutual consent. Consequently, the petition under Section 13-B of Hindu Marr