Jyoti v. Krishan

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.209 Date of Decision: 23.12.2021 Jyoti ...Appellant

Versus

Krishan

...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Harkaran Singh, Advocate, for the appellant.

Ms. Sharmila Sharma, Advocate for the respondent.

* * * * RITU BAHRI, J.

(ORAL) CM No.14797-CII of 2021 This application has been moved on behalf of Jyotiapplicant/appellant under Section 13-B of the Hindu Marriage Act, 1955 read with Section 151 CPC for converting the appeal bearing FAO No.5260 of 2019 into a petition under Section 13-B of the Hindu Marriage Act, 1955.

Notice in the application.

Ms. Sharmila Sharma, Advocate, accepts the notice on behalf of the respondent and submits that she has no objection in allowing this application.

Keeping in view this fact as well as the reasons mentioned in the application, the same is allowed and the appeal bearing FAO No.5260 of 2019 is being converted into a petition under Section 13-B

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of the Hindu Marriage Act, 1955.

CM No.14798-CII of 2021 This application has been moved for placing on record the statement of the appellant-Jyoti.

Application is allowed as prayed for and the statement of the appellant-Jyoti is taken on record as Annexure A-1. FAO No.5260 of 2019 Both the parties are present in the Court and the copies of their Aadhar Cards are taken on record.

Statements of both the parties has been recorded in the Court.

As per the statement of the appellant-Jyoti, she will not claim any maintenance from the respondent in the future for herself and she will not file any kind of petition against the respondent for claiming the custody of the girl child and will also withdraw all the cases pending against the respondent including the petition under Section 125 Cr.P.C. pending before the competent Court at Kharkhoda, Sonepat. After withdrawing the same, she undertakes to inform the respondent. She will also comply with all the conditions mentioned in her affidavit dated 23.12.2021 (Annexure A-1).

As per the statement of the respondent-Krishan, he has no objection to the divorce being granted. He is ready for the divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. He also undertakes not to file any kind of case against the appellant-wife in

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the future.

Keeping in view the affidavit submitted by the appellant and the statements given by both the parties in the Court today, this Court is satisfied that there is no chance of reconciliation between the parties, therefore, the present appeal is allowed and the judgment as well as decree dated 24.07.2019 passed by the Court below are set-aside. The marriage solemnized between the appellant-Jyoti and respondentKrishan on 10.07.2010 stands dissolved by way of mutual consent under Section 13-B of the Hindu Marriage Act, 1955. (RITU BAHRI) JUDGE 23.12.2021 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No