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Nitin Sabharwal vs Kavita on 28 November, 2019

FAO-M No.328/2016 (OM) 1 114


FAO-M No.328/2016
Date of decision:28.11.2019

Nitin Sabharwal



Coram: Hon’ble Mr.Justice Jaswant Singh
Hon’ble Mr.Justice Sant Parkash

Present:- Mr.KS Lakhanpal,Advocate with
Mr.Nitin Sabharwal,Appellant-husband

Mr.Sanjeev Sharma,Advocate with

Jaswant Singh,J.

The present appeal, filed by appellant-husband is directed

against the judgment and decree dated 24.5.2016 passed by the

Additional District Judge, Panchkula, whereby his petition for

dissolution of marriage under Section 13(1) (i-a) and (i-b) of the

SectionHindu Marriage Act,1955 (for short the 1955 Act) has been


The marriage between the parties was solemnized on

8.5.2009 as per Hindu rites. A matrimonial dispute arose between

the parties due to temperamental differences due to which they

started residing separately since July,2011. No child was born from

the said wedlock.

During the pendency of the present appeal, the parties

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FAO-M No.328/2016 (OM) 2 114

were referred to the Mediation and Conciliation Centre of this Court.

As per report submitted by the Mediation and Conciliation

Centre, the parties arrived at an amicable settlement vide written

settlement dated 11.2.2019, available on record at Flag-A. In terms

of the settlement the husband was required to pay a sum of Rs.3 lacs

to the respondent wife towards full and final settlement (including the

claim in CMM No.154 of 2018 for maintenance/pendente lite filed

before this Court). The said settlement also included withdrawal of

the Civil Revision filed by the husband against the award of

maintenance by the trial Court during pendency of the divorce

proceedings at Panchkula.

The parties, in view of the aforesaid settlement moved

Civil Miscellaneous Application No.CM 11381-CII/2019 seeking

amendment and permission to convert the divorce proceedings into

divorce proceedings under Section 13-B of the 1955 Act. Alongwith

the said application both sides annexed their Affidavits.

Vide order dated 20.5.2019 CM 11381-CII/2019 was

allowed and the proceedings were permitted to be converted into one

under Section 13-B of the 1955 Act. Thereafter, on the same day

separate statements of both parties at the first motion were recorded

and case was posted for today for recording of the statements at the

second motion.

Today, both parties have come present and made

separate statement to the effect that due to temperamental

differences they are residing separately for the last 9 years and

litigating their matrimonial dispute. It is further stated by them that it

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FAO-M No.328/2016 (OM) 3 114

is not possible for them to lead a happy married life and that it would

be in their best interest to part ways amicably, as has already been

decided between them during Mediation proceedings before this

Court and put in black and white vide written settlement dated

11.2.2019, available on record at Flag-A. Further they have jointly

prayed for dissolution of their marriage by way of decree of divorce

by mutual consent.

In view of the facts noticed above and keeping in view the

statements of the parties made before this Court at the first and

second motion, marriage between them is dissolved by a decree of

divorce by mutual consent. Appeal is allowed and the Decree-sheet

be prepared accordingly.

(Jaswant Singh)

28.11.2019. (Sant Parkash)
joshi Judge

Whether Yes/No
Whether Reportable Yes/No

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