BALWINDER SINGH Vs. RAJ RANI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 16.9.1998 passed by the learned Additional District Judge, Ambala.

(2.) THE appellant Balwinder Singh was married to respondent No. 1 Raj Rani on 26.2.1993 at Chandigarh according to Hindu rites. This marriage between the parties began on unhappy note and the differences arose between them right at the initial stage. These differences were so serious that the husband filed a petition for divorce on 6.11.1993 on the ground of cruelty, adultery and desertion. On 17.1.1994, an ex parte decree was passed against the wife. On 30.6.1994, the wife filed an application for setting aside the ex parte decree, on which issues were framed and the decree was set aside on 10.9.1997. The petition was, thus, contested by the wife on merit and ultimately the petition was dismissed by the learned Additional District Judge, Ambala, vide impugned judgment and decree, which has been assailed in this appeal. It may be noticed here that during the pendency of the petition, an injunction order was passed against the husband on 1.7.1994 restraining him from conducting another marriage. The husband took up a plea that he was married on 10.4.1994 for second time but the learned Additional District Judge came to the conclusion that this plea was not correct and the second marriage was solemnised on or about 12.7.1994 and punished the husband by awarding him detention in the civil imprisonment for a term of two months under the provisions of Order 39 Rule 2-A of the Code of Civil Procedure vide order dated 16.9.1998, which has also been assailed before this Court.

(3.) THE parties were directed to appear in person vide order dated 11.3.1999. They appeared in person and seriously considered the matter in relation to continuation of their matrimonial life or otherwise. After detailed discussions and negotiations between the parties, the parties took time on various occasions to finalise their compromise to put an end to the agony which the parties were suffering, more particularly the wife and minor daughter, who was born out of this wedlock on 12.1.1994. On 19/20.1.2000, the parties filed application for amendment and conversion of the proceedings into a petition under Section 13-B of the Hindu Marriage Act and prayed for a decree of divorce to be granted to them on mutual consent and as per the terms and conditions arrived at between them and placed on record vide Annexure A-1. Statements of the parties were recorded by the Court on 21.1.2000 itself in presence of the counsel for the parties and they reiterated the contents of their application and the compromise.