IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision : 10.08.2018
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Mr. Ram Chander, Advocate for the appellant.
Mr. Abhilaksh Grover, Advocate for the respondent.
M.M.S. Bedi, J.(Oral)
Aggrieved by the decree of divorce granted to the
respondent-husband, the appellant-wife has preferred this appeal.
The respondent-husband has levelled allegations of
cruelty as well as adultery but the allegations of adultery levelled are
not in consonance with the requirement of the Rules 6 and 10 of the
Hindu Marriage (Punjab) Rules, 1956 framed under Section 21 of the
Hindu Marriage Act, 1955, which requires that adultery should be
made a party. Rule 10 of the aforesaid Rules makes it mandatory
that alleged adulterer should be made a party to the proceedings.
In view of said circumstances, the plea of adultery raised
by the respondent-husband is liable to be dismissed. However, at this
stage, the respondent-husband present in the Court submits in the
Court that he withdraws the allegations of adultery.
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In view of the allegations of adultery having been
withdrawn by the respondent-husband, the appellant-wife present in
the Court, has submitted that in case a sum of `10,60,000/- (which
would included upto date arrears of maintenance pendente lite) is
paid to her as permanent alimony, she would withdraw the present
The amount of `10,60,000/- has been handed over to the
appellant-wife present in the Court today in the shape of a bank draft
of `10 lac and `60,000/- in cash.
In the above circumstances, the appeal is dismissed as
It has been decided by the parties that custody of the
minor child born out of the wedlock, will remain with the respondent-
Copy of the settlement/compromise deed, which has been
arrived at between the parties has been taken on record. The parties
will remain bound by the terms and conditions of the settlement.
August 10, 2018 (ANUPINDER SINGH GREWAL)
Whether speaking/reasoned? Yes
Whether reportable? No
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