BIKRAMJIT SINGH Vs. DALJIT KAUR

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short, the Act), for dissolution of marriage was dismissed. During the pendency of the appeal, the same was amended and converted into a petition under Section 13-B of the Act for divorce by mutual consent.

(2.) BRIEFLY, the facts of the case are that the marriage of the parties was solemnised as per Sikh rites on 18.4.1999 at Amritsar. Out of the wedlock three children were born. Due to temperamental differences, the parties could not pull on together. They are living separate since July 2004. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Jalandhar, on 3.5.2010. Thereafter, he filed appeal before this court.

(3.) TODAY both the parties were present in person in court. They were identified by their respective counsels. Their joint statement, which has been recorded separately today, is extracted as under:- Our marriage was solemnised as per Sikh rites on 18.4.1999 at Amritsar. Out of our wedlock three children were born. Due to the temperamental differences, we could not live together. We are living separate since July, 2004. Number of efforts made for reconciliation failed. Petition filed by the husband before the Additional District Judge, Jalandhar, under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed on 3.5.2010. During the pendency of appeal before this court by the husband, the matter in dispute was compromised on 30.8.2010 before the Mediation and Conciliation Centre in the High Court. As per compromise, the parties decided to part ways by filing application for converting petition under Section 13-B of the Act. As per the settlement, the parties have withdrawn all the cases filed by them against each other and their respective family members. Both sons, namely, Jagsharanjit Singh and Preetkamal Singh will remain in the custody of the mother and the custody of the daughter, namely, Shubhkarmanjit Kaur, will remain with the father.