Court : Punjab and Haryana
..... counsel for the parties submit that parties have resolved their differences and decided to bring their marriage to an end by filing a petition under section 13-b of the hindu marriage act, 1955 (hereinafter referred to yag dutt 2013.09.24 18:39 i attest to the accuracy and integrity of this document fao no.m-1 of 2013 -5- as the act) but it may not be necessary to file a petition under section 13-b of the act as the appellant is ready to withdraw the appeal provided the respondent withdraws his allegations ..... differences had arisen between the parties hereto and divorce petition under section 13 of the hindu marriage act, 1955 was filed by vishal dhir in the district & sessions court ..... parties undertake before the hon'ble high court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future. ..... rajive bhalla, j (oral) the appeal in hand has been filed by sandhya marwaha wife of vishal dhir, for setting aside judgment and decree dated 3.12.2012 passed by the additional district judge, patiala granting a decree of divorce to the respondent on the ground ..... however, if the divorce petition under section 13-b is going to be filed for the grant of divorce by mutual consent, in that instance demand draft amounting ..... to get the litigation decided and to get divorce by mutual consent as soon as possible as they have entered into the present agreement of their own free will and after agreeing to the terms and conditions of the present agreement.6. .....
Tag this Judgment!Court : Orissa
Reported in : II(2005)DMC76; 2005(I)OLR490
..... both of them filed an application under section 13-b of the hindu marriage act, 1955 for a decree of mutual divorce before the judge, family court, cuttack which was registered as civil proceeding no ..... , considering the facts and circumstances of the case, according to the conditions made in the divorce petition, the proceedings pending in g.r. ..... need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it take years and years to conclude and in that process the parties lose their 'young' days in chasing their 'cases' in different courts.there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian ..... 2) and, therefore, according to the conditions made in the divorce petition, the proceedings pending in ..... in that petition one of the conditions as mentioned in paragraph-10 thereof is that it is further decided that a demand draft of ..... of 2001 pending before the court of learned subdivisional judicial magistrate, bhubaneswar for the offences punishable under sections 498-a/313/406/34 i.p.c..2. ..... hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. ..... this application under section 482 of code of criminal procedure has been filed by the petitioner with a prayer to quash the proceeding in .....
Tag this Judgment!Court : Punjab and Haryana
..... submits that respondent no.2 and her husband have already sought a decree of divorce under section 13- b of the hindu marriage act, 1955. ..... joshi (supra), this petition is allowed and fir no.59, dated 1.3.2010, for the offences punishable under sections 120-b, 406 and 498-a, ipc, registered at police station, division no.6, industrial area, ludhiana, and the consequential proceedings arising therefrom are ..... all the terms and conditions of the compromise have been materialized and as per the statement made by the learned counsel for respondent no.2-complainant, a decree of divorce has already been passed by the court of ..... submits that all the terms and conditions of the compromise have already been materialized ..... contends that all the terms and conditions of the compromise have been materialized. ..... , is for quashing of fir no.59, dated 1.3.2010, for the offences punishable under sections 120-b, 406 and 498-a, ipc, registered at police station, division no.6, industrial area, ludhiana, and the consequential proceedings arising therefrom, on the basis ..... dated 8.5.2012, a co-ordinate bench of this court had directed the affected parties to appear before the learned trial court on 21.5.2012 or any other date convenient to the court for getting their statements recorded with regard to the compromise. ..... learned counsel for the petitioners submits that due to intervention of the respectable and the elderly people of the society, respondent no.2 has resolved her grievances with the petitioners and .....
Tag this Judgment!Court : Punjab and Haryana
..... as per the agreement/compromise, the appellant has undertaken to withdraw the present appeal and it has been agreed between the parties that they shall file a petition under section 13-b of the hindu marriage act, 1955 for dissolving the marriage by mutual consent on the terms and conditions as have been recorded in the said agreement/compromise. 4. ..... however, in case any of the party resile from the terms of the agreement/compromise, it shall be open to the other party to move a proper application for revival of the proceedings or to avail any other remedy in accordance with law. ..... in view of the above, the present appeal is dismissed as withdrawn and it is directed that the parties shall remain bound by the terms and conditions of the agreement/compromise. ..... (oral) on august 01, 2013 learned counsel for the parties had expressed that there is possibility of amicable settlement and prayed that the matter be referred to the mediation and conciliation centre of this court. ..... mr.mukesh yadav, advocate for mr.jaivir yadav, advocate, for the respondent. ..... & haryana at chandigarh fao no.830 of 2013 (o&m) date of decision: september 11, 2013 krishan kumar ...appellant versus savita ...respondent coram: hon'ble mr.justice ajay kumar mittal hon'ble mr.justice jaspal singh present : mr.j.s.duhan, advocate, for the appellant. .....
Tag this Judgment!Court : Punjab and Haryana
..... crm-m-15137-2014 3 he further states that all the terms and conditions of the compromise have already been materialized; a petition under section 13-b of the hindu marriage act, 1955, for grant of a decree of divorce, has already been presented before the learned district judge, chandigarh, in which first motion has already been issued and the case is now fixed for 17.9.2014 for second motion; and that in view of the compromise, the pendency of the fir and the proceedings emanating therefrom ..... as a consequence of the compromise, a petition under section 13-b of the hindu marriage act, 1955, for grant of a decree of divorce had been presented before the learned district judge, chandigarh, in which first motion has already been issued and the case is fixed for second motion on 17.9.2014. ..... , has been filed by the petitioners, namely, raman kumar, dharamvir singh, sushila singh, kapil singh and jyoti singh, for quashing of fir no.84, dated 5.4.2012, for the offences punishable under sections 406 and 498-a, ipc, registered at police station, sector 26, chandigarh, and all the consequential proceedings arising therefrom, on the basis of compromise.2 ..... as per the learned counsel for the petitioners, all the terms and conditions of the compromise have already been materialized ..... , this petition is accepted and fir no.84, dated 5.4.2012, under sections 406 and 498-a, ipc, registered at police station, sector 26, chandigarh, and the consequential proceedings arising therefrom are hereby quashed .....
Tag this Judgment!Court : Punjab and Haryana
..... as per the agreement/compromise, it has been agreed between the parties that they shall file a petition under section 13-b of the hindu marriage act, 1955 for dissolving the marriage by mutual consent on the terms and conditions as have been recorded in the said kaur sukhpreet 2013.09.30 11:11 i attest to the accuracy and integrity of this document chandigarh fao no.2289 of 2013 (o & m) ::2:: agreement/ ..... in case any of the party resiles from the terms of the agreement/compromise, it shall be open to the other party to move a proper application for revival of the proceedings or to take recourse to the remedies available to him/her in accordance with law. ..... view of the above, the present appeal is dismissed as withdrawn and it is directed that the parties shall remain bound by the terms and conditions of the agreement/compromise. ..... learned counsel for the appellant states that in view of the statement made by the parties and compromise having been arrived at between the parties, he may be allowed to withdraw the present appeal, however, liberty may be granted to the appellant to file an application for revival of the appeal, in case, the terms of the compromise are not acted upon by the ..... on the other hand, learned counsel for the respondent also states that the respondent shall remain bound by the terms of the compromise, however, liberty may be granted to the respondent to seek remedies for enforcement of the compromise in accordance with law in case the appellant resiles from the .....
Tag this Judgment!Court : Karnataka
..... the jurisdiction to pass an order under section 24 of the hindu marriage act, 1955 [for short 'act'] arises as soon as any proceeding is instituted under the act and the condition for the exercise of jurisdiction under the said section is that the applicant should not have any independent income sufficient for her to support necessary expenses of the ..... judge, family court at bengaluru in m.c.n0.262/2013 on i.a.no.v vide ann-a, as arbitrary, illegal and unjust and to accordingly dismiss i.a.no.v filed by the respondent in the court below in m.c.n0.262/2013 under section 24 of the hindu marriage act.) 1. ..... older for maintenance pendente lite and cost of proceeding can, as the initial words of the section clearly states be made in any proceedings under the act, which would include proceedings for restitution of conjugal rights, decree for judicial separation, decree for divorce or nullity of void and voidable marriages. ..... the reason behind section 24 of the act for payment pendente lite is that the marriage when admitted it is the duty of the spouse to maintain the indigent ..... the proceeding under section 24 of the act never provides any authorization to a court to take into consideration the allegations and counter allegations made by the parties in the pleadings relating to merit of the claim for a decree sought for in the proceeding filed before court. ..... the grant of relief under section 24 of the act is neither dependent on the merits of the petition or success or failure of the .....
Tag this Judgment!Court : Delhi
..... to a petition for divorce by mutual consent under section 13b(2) of the hindu marriage act, 1955. ..... ultimately, the marriage of the parties was dissolved by a decree of divorce by mutual consent under section 13b(2) of hindu marriage act w.e.f. ..... view of the aforesaid discussion, we sum up and lay down the following principles by which the high court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:29. ..... if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, section 320 of the code would not be a bar to the exercise of power of quashing of fir, complaint or the subsequent criminal proceedings.16. ..... the high court would not rest its decision merely because there is a mention of section 307 indian penal code in the fir or the charge is framed under this provision ..... on a reference made by the concerned court before whom the proceedings under section 12 of the protection of women from domestic violence act, were pending, parties arrived at a settlement on 29.01.2013 before the delhi mediation centre, karkardooma courts, delhi, setting down all the terms and conditions thereof. .....
Tag this Judgment!Court : Delhi
..... to a petition for divorce by mutual consent under section 13b(2) of the hindu marriage act, 1955. ..... ultimately, the marriage of the parties was dissolved by a decree of divorce by mutual consent under section 13b(2) of hindu marriage act w.e.f. ..... view of the aforesaid discussion, we sum up and lay down the following principles by which the high court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:29. ..... if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, section 320 of the code would not be a bar to the exercise of power of quashing of fir, complaint or the subsequent criminal proceedings.16. ..... the high court would not rest its decision merely because there is a mention of section 307 indian penal code in the fir or the charge is framed under this provision ..... on a reference made by the concerned court before whom the proceedings under section 12 of the protection of women from domestic violence act, were pending, parties arrived at a settlement on 29.01.2013 before the delhi mediation centre, karkardooma courts, delhi, setting down all the terms and conditions thereof. .....
Tag this Judgment!Court : Punjab and Haryana
..... of the terms and conditions of the settlement, the parties have already filed the joint petition for dissolution of their marriage by mutual consent under section 13-b of the hindu marriage act, 1955 (hereinafter to be referred 'the act'). ..... of the terms and conditions of the settlement, the parties have already filed the joint petition for dissolution of their marriage by mutual consent under section 13-b of the act. ..... the matter, not the petitioners-accused have preferred the present petition, to quash the impugned fir (annexure p-1) and all other subsequent proceedings arising therefrom, invoking the provisions of section 482 cr.pc, inter-alia, pleading that not with the intervention of the respectables and relatives, the parties have amicably settled their disputes, by virtue of compromise (annexure p-2). ..... case was registered against the petitioners- accused kuldeep singh son of chand singh @ harchand singh and another, vide fir no.101 dated 18.09.2010 (annexure p-1), for the commission of offences punishable under sections 406 and 498-a ipc, by the police of police station amargarh, district sangrur. ..... above being the legal position and the material on record, not the short and significant question, though important, that arises for determination in this petition is, as to whether the present criminal prosecution against the petitioners deserve to be quashed in view of the compromise ..... of 2013 (o&m) -4- criminal court for compounding the offences under section 320 of the code. .....
Tag this Judgment!