S.S. Saron, J.@mdashThe joint petition has been filed by the petitioners seeking dissolution of the marriage between them by a decree of divorce by mutual consent.
2. Learned counsel appearing for the respective petitioners submit that the matter has been amicably settled and the statements of the parties at both the motions have been recorded. It is further submitted that Ramandeep Kaur-petitioner No. 2 had, inter alia, stated that she has no objection in case divorce by mutual consent is granted subject to the condition that FIR No. 89 dated 29.07.2011 registered against her, her mother Jaswinder Kaur and her brother Kuljit Singh @ Kala at Police Station Ghall Khurd, District Ferozepur, is quashed and terminated. By a separate order passed today in CRM No. M-36365 of 2013, the said FIR has been quashed. In view thereof, learned counsel for Ramandeep Kaur-petitioner No. 2 submits that he has no objection to the allowing of the joint petition.
3. We have given our thoughtful consideration to the matter.
4. The marriage between the petitioners was solemnized by Anand Karaj ceremony at Moga on 24.05.2009. Due to matrimonial disputes between them, Ramandeep Singh-petitioner No. 1 on 17.11.2010 filed a petition seeking dissolution of the marriage between the parties on the ground of cruelty. The petition of Ramandeep Singh-petitioner No. 1 was allowed. Aggrieved against the same, Ramandeep Kaur-petitioner No. 2 filed an appeal (FAO No. M-191 of 2013) in this Court.
5. Notice of motion was issued by this Court on 04.07.2013.
6. During the pendency of the appeal, the matter was resolved between the parties and they agreed to seek divorce by filing a joint petition for dissolution of their marriage by mutual consent on the terms and conditions that were agreed upon. Accordingly, a joint petition (CM No. 24166-CII of 2013) was filed for seeking divorce by mutual consent. The statements of both the parties were recorded at the first motion on 02.12.2013. Both the parties stated that they have agreed to dissolve their marriage by mutual consent. Ramandeep Kaur-petitioner No. 2 received an amount of Rs. 3.50 lacs and it is stated that Rs. 3.50 lacs has been deposited in the name of the minor daughter of the parties namely Gurmandeep Kaur in the form of FDR. Father''s elder brother of Ramandeep Singh-petitioner No. 1 had lodged FIR No. 89 dated 29.07.2011 at Police Station Ghall Khurd, District Ferozepur. It was agreed that the same shall be got quashed. As already noticed by a separate order passed today in CRM No. M-36365 of 2013, the said FIR has been quashed.
7. At the second motion, both the parties have reiterated that the marriage between the petitioners be dissolved by a decree of divorce by mutual consent. Their statements at the second motion were recorded on 30.06.2014; besides, statement of Sukhdev Singh, father''s elder brother of Ramandeep Singh-petitioner No. 1, was also recorded in which he stated that he has no objection to the quashing of the aforesaid FIR No. 89 dated 29.07.2011 registered at Police Station Ghall Khurd, District Ferozepur.
8. In view of the facts and circumstances and keeping in view the statements of the parties, the joint petition (CM No. 24166-CII of 2013) for grant of divorce by mutual consent is allowed. The marriage between the parties shall stand dissolved by a decree of divorce by mutual consent. The parties shall remain bound by the terms and conditions agreed upon by them, which shall form part of the decree. There shall be no order as to costs. Decree sheet be prepared.
FAO NO. M-191 of 2013
9. Mr. Dinesh Kumar Singla, Advocate, appearing for petitioner No. 2-Ramandeep Kaur submits that in view of the joint petition for divorce by mutual consent being allowed, the appeal (FAO No. M-191 of 2013) filed by Ramandeep Kaur-petitioner No. 2 has been rendered infructuous and may accordingly be dismissed as such.
10. Mr. A.P.S. Gill, Advocate, appearing for Ramandeep Singh-petitioner No. 1 submits that he has no objection to the same.
11. Accordingly, the appeal (FAO No. M-191 of 2013) is dismissed as having been rendered infructuous.
