PARAMJEET KAUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against judgment and order dated 29.09.2009, passed by Judge, Family Court, Udham Singh Nagar, in Divorce Petition No. 51 of 2009, whereby said petition has been dismissed on the ground of collusion.'

(2.) Heard learned Counsel for the parties and perused the record.

(3.) Brief facts of the case are that Appellants Paramjeet Kaur and Manjeet Singh got married on 04.02.2008, at Kankata, Tehsil Gadarpur, District Udham Singh Nagar, according to Hindu (Sikh) rites. They lived together for sometime. However, later their relations soured. They couldn't reconcile with each other and they jointly filed a petition under Section 13B of the Hindu Marriage Act. 1955, stating that they are living separately for more than one year, and their relations have so much soured that it has become impossible for them to live together. In support of the petition the parties filed their affidavits. The trial court in its impugned judgment has observed that it made efforts for reconciliation, but failed. However, the trial court dismissed the petition on the ground that the parties are in collusion, and as such, the petition under Section 13B of the Hindu Marriage Act, cannot be allowed.