PRABHAT SINGH Vs. SHWETA YADAV

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the sole respondent. This first appeal has been filed by the appellant Prabhat Singh against the judgement and order dated 15.03.2017 passed by Principal Judge, Family Court, Ghaziabad in Petition No.392 of 2017 (Smt. Shweta Yadav Vs. Prabhat Singh), under Section 13-B of Hindu Marriage Act, 1955 (hereinafter referred to as the "Act"), by which the court below has directed the appellant to return the custody of minor child and referred the petition under Section 13-B of the Act to the mediation center on the ground that the respondent-Smt. Shweta Yadav has withdrawn her consent for divorce by mutual consent.

(2.) It is argued by the learned counsel for the appellant that the marriage of the appellant was solemnized with the respondent-Smt. Shweta Yadav on 05.12.2011 and out of the aforesaid wedlock a daughter was born on 21.07.2014 and she has separated from the appellant on 21.06.2015 and living separately.

(3.) Learned counsel for the appellant further argued that the appellant found it impossible to live without his daughter, hence he pleaded for return of his wife (respondent) but she filed a divorce petition bearing No.1122 of 2015, under Section 13 of the Act in Family Court, Ghaziabad, the respondent never allowed the appellant to meet his daughter which made his life miserable and pathetic.