Ajit Singh vs Surinder Kaur

M.S. Liberhan, J.—The appellant on 13.7.1994 made an offer to pay Rs. 1,25,000/- to the respondent qua dissolution of marriage and in full and final settlement of her all claims, which was accepted by the respondent. The case was adjourned for today i.e. 22.8.1994 for payment.

The appellant has given a bank draft bearing No. 4999802 dated 4.8.1994 issued by the State Bank of Patiala for Rs. 1,25,000/- for dissolution of marriage and in full and final settlement of all claims of the respondent, which has been accepted by the respondent.

Learned Counsel for the parties agree that the marriage between the parties be dissolved by their mutual consent and the mandatory period required for dissolution of marriage be waived off keeping in view that the petition for dissolution of marriage was filed as far back as in April, 1992.

In our considered view in terms of agreement and the undertaking given by the respondent that she gives up all her claims like permanent alimony etc. in lieu of money received, we order the dissolution of marriage between the parties. The respondent further undertakes to withdraw all the civil or criminal cases pending before any Court till date within 15 days from today, if not already withdrawn. Respondent further undertakes not to claim the custody of the son which at presently is with the appellant.

In view of the undertaking given by the respondent, we order that the respondent shall not be entitled to the custody of the son who is at presently with the appellant and any alimony etc. as she has already accepted Rs. 1,25,000/- in full and final settlement of her all claims against the appellant. The appeal stands disposed of in the terms mentioned above.