PRASHI PATNI Vs. ANUJ PATNI

JUDGEMENT

(1.) Appellant/wife - Smt. Prashi Patni and her husband/respondent - Anuj Patni are present in person and they have been identified by their respective counsels.

(2.) During pendency of the appeal, an application under Order XXIII Rule 3 read with Sec. 13 (B) of Hindu Marriage Act, 1955 has been filed by both the parties for divorce by mutual consent vide I.A. No. 3751/2016. This application is supported with the affidavit of appellant and the respondent. Both the parties have agreed for divorce by mutual consent on the following conditions: - -

(3.) Brief facts of the case are that the marriage between the appellant/wife and her husband/respondent was solemnized on 26.06.2008 according to the Arya Samaj in a Arya Samaj Temple. Later on, according to the customs of the society, all the customary rituals were performed on 16.11.2008 in presence of society and family members. Out of the said wedlock, there is a son who is aged about 6 years and is in custody of the appellant. From the last more than 5 years, the appellant and respondent are residing separately from each other due to some differences between them.