SUNIL KUMAR Vs. JASVINDER @ VANDANA

JUDGEMENT

(1.) Heard Sri A.K. Tiwari, learned counsel for the appellant and Sri Rakesh Kumar Tripathi, learned counsel for the respondent.

(2.) The brief facts of the case are that the marriage of the appellant and the respondent was solemnized on 4th March, 1990 at Punjab. Thereafter, on the basis of the strained relations between the appellant and the respondent, a suit for divorce under Sec. 13 of the Hindu Marriage Act was filed by the appellant. The said suit was contested by the respondent and the trial court after considering the oral and documentary evidence on record dismissed the suit of the appellant by the judgment and decree dated 19th July, 2003. Being agreed by the judgment and decree dated 19th July, 2003, the appellant has preferred this appeal under Sec. 19 of the Family Court Act. During the pendency of the appeal on the request made on behalf of learned counsel for the parties, the appellant and the respondent were summoned by this Court for reconciliation. On 3rd March, 2006 both the appellant and respondent were present before the Court, on which date Smt. Jasvinder stated that she is not willing to live with her husband although earlier on 19th Jan., 2006 she was willing to live with her husband i.e. the appellant. On 3rd March, 2006 on the basis of the statement made by the respondent before this Court, the Court came to a conclusion that reconciliation is not possible.

(3.) The learned counsel for the appellant submits that inspite of best efforts of this Honourable Court the respondent declined to live with the appellant and as such the appellant is entitled for a decree of divorce. He further submits that the appellant and respondent are living separately for the last more than 13 years and in view of the law declared by the Honourable Supreme Court in the case of Naveen Kohli Vs. Neelu Kohli decided on 21st March, 2006 , the appeal preferred by the appellant deserves to be allowed and the appellant is entitled for a decree of divorce. The learned counsel for the appellant further submits that the appellant is ready to pay any amount of compensation to the daughter towards love and affection which this Honourable Court deems fit and proper under the circumstances of the case.