SURESH BHAGAT Vs. BIMLA BHAGAT

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the husband 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 Hindu rites on 17.9.1988 at Jalandhar. Out of the wedlock no child was born. Due to temperamental differences, the parties could not pull on together. They are living separately since August 1998. Number of efforts made for reconciliation failed. Petition filed by the husband for dissolution of marriage under Section 13 of the Act, was dismissed by the learned Additional District Judge, Jalandhar on 24.12.2009. Thereafter, the husband filed appeal before this court.

(3.) TODAY both the parties were present in person in court. They were identified by their respective counsels. As agreed between the parties, the parties filed petition for dissolution of marriage by way of mutual consent. They have made joint statement before this court today, which is extracted as under:-