SANJEEV KHUGSHAL Vs. PARUL @ PARINITA

JUDGEMENT

(1.) The instant appeal is preferred against the judgment and order dated 03.10.2012 passed in Petition No. 69 of 2010, Sanjeev Khugshal Vs. Smt. Parul by the court of Principal Judge, Family Court, Dehradun (hereinafter referred to as 'the case '),

(2.) By the impugned judgment and order, the petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act ') has been dismissed.

(3.) Appellant filed an application under Section 13(1-A) of the Act seeking dissolution of marriage dated 13.04.2001. According to the petition, parties were married on 13.04.2001. Out of the wedlock, daughter Mansi was born on 25.04.2002. The matrimonial relationship between them was not cordial. The appellant moved a petition under Section 13 of the Act for dissolution of the marriage earlier. It was registered as Original Suit No. 382 of 2008, Sajeev Khugshal Vs. Smt. Parul, in the court of Family Judge, Family Court, Dehradun (for short 'the former divorce suit ') The former divorce suit was decided on 27.01.2009 and the court passed a decree of judicial separation. Daughter of the parties is in the custody of the respondent. The appellant is paying regularly the amount of maintenance to the respondent. According to the petition, since the decree of judicial separation was passed on 27.01.2009, the parties are residing separately. There has been no relationship between them. Therefore, the marriage may be dissolved. Subsequent to filing of the petition, the appellant also added paragraph 9a, 9b and 9c in the petition, averring the criminal cases pending between the parties and other litigations.