JASMEET KAUR Vs. KULPREET SINGH

JUDGEMENT

(1.) BY way of this appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), appellant has challenged the order dated 23rd January, 2012 by which joint petition of the parties under section 13-B(1) of the Act has been dismissed.

(2.) BACKGROUND of the case is as under:-

(3.) IT may be noticed that in the petition filed under Section 13-B(1) of the Act i.e., HMA 653/2011 which has been dismissed vide impugned order dated 23.1.2012, it is clearly stated by the parties that they are unable to live together as husband and wife and w.e.f. 5.4.2010, they are living separately. They have also stated that they have settled all their claims and they have decided to withdraw cases against each other details of which are given in para 6 of the petition. It is also categorically stated that after the dismissal of earlier petition i.e., HMA No.529/2011, the respondent/husband has again given consent for divorce by mutual consent and that the consent of the parties has not been obtained by pressure, fraud or force. Petition is jointly signed by both the parties. There is specific affidavits of the parties in this regard wherein parties have also stated about dismissal of earlier petition being HMA 529/2011 and have also given the reasons as to why respondent/husband had withdrawn the consent in the earlier petition.