ARVIND PANDEY Vs. SANGEETA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 (for short, "the Act"), for dissolution of marriage was dismissed as infructuous on account of withdrawal of consent by the respondent.

(2.) Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 4.12.1996 at Faridabad. No child was born out of the wedlock. Due to temperamental differences, the parties could not pull on together. They are living separate since 30.10.1998. Petition filed by the parties in the year 2005 for dissolution of marriage by mutual consent was dismissed as infructuous by the learned District Judge (Family Court), Faridabad, on 12.10.2009 as the respondent withdrew her consent. Thereafter, the appellant husband filed appeal before this court.

(3.) On 26.4.2010, while appearing before this court, both the parties agreed to resolve the matter by an amicable settlement and agreed to get a decree of divorce by way of mutual consent. Order dated 26.4.2010 is extracted below:-