NAVDEEP KAUR Vs. MANINDER SINGH AHLUWALIA

JUDGEMENT

(1.) The appellant-wife is before this Court challenging the judgment and decree of the learned Court below whereby the petition filed by the appellant and her husband/respondent under Section 13-B of the Hindu Marriage Act, 1955 (for short, "the Act") for grant of divorce by way of mutual consent was dismissed.

(2.) Briefly the facts are that the marriage of the appellant was solemnised with the respondent on 7-1-2007. Due to temperamental differences, the party could not pull on together. No child was born out of the wedlock. They are living separate since 8-4-2007. Immediately thereafter the husband went abroad and has not returned till date. The appellant also got registered FIR No. 216 dated 23-10-2008 against her husband and his family members under Sections 406/498-A, IPC at Police Station, Sector-31, Chandigarh. Thereafter, the matter was compromised between the parties on 3-1-2009. In terms of that both the parties agreed to dissolve the marriage by way of mutual consent. As permanent alimony, the appellant was to get Rs. 2,35,000/- from the respondent and the FIR got registered by the appellant, was to be withdrawn or got quashed by the appellant by getting her statement recorded.

(3.) In terms of the compromise arrived at between the parties, a divorce petition was filed by them jointly on 6-1-2009. The husband being abroad was represented by his father as attorney, whereas the appellant appeared in person. At the initial stage, the statement of the appellant was recorded and on behalf of the husband as attorney, his father got the statement recorded. Similar was the position on the second motion. The learned Court below dismissed the petition on 8-8-2009 opining that the husband having not appeared in person divorce by mutual consent cannot be granted. It is against this judgment and decree that the appellant-wife is before this Court.