VEERENDRA SINGH Vs. SEEMA RAJAK

JUDGEMENT

(1.) This first appeal assails the judgment dated 30.10.2014 passed by Additional Principal Family Court, Gwalior by which a petition for divorce filed by the husband/appellant under Section 13 of the Hindu Marriage Act (for brevity "Act") on the ground of cruelty has been rejected.

(2.) During the pendency of this case an application (I.A. No.1429/2015) has been moved jointly by the rival parties stating that they may be granted divorce by mutual consent on the terms and conditions as contained in this application.

(3.) Reading of the said I.A. filed jointly by the rival parties indicates that marriage between the appellant and respondent took place on 24.11.2008 whereafter due to strained relationship, allegations and counter allegations made by both the parties against each other, the matrimonial relationship became sour. The appellant/husband and respondent-wife started living separately since November/December 2009 and continue to do so till date. The rival parties have further mentioned in the said application that there is no hope of restoration of matrimonial relationship and the marriage is broken down irretrievably. The parties have also agreed to the extent that the appellant/husband has paid an amount of Rs.2,50,000/- to the respondent-wife and the said amount has been received by the respondent-wife without any demur. The application further discloses that mutual understanding is arrived at between the rival parties to take care of the welfare of the child namely Himanshu aged 5-6 years.