SANDEEP GUPTA Vs. ANUPMA GUPTA

JUDGEMENT

(1.) Challenge in the present appeal by the husband is to the judgment and decree dated 1.5.2009 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 by way of mutual consent was dismissed as the wife on the second motion did not give her consent.

(2.) Briefly, the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 4.2.1995 at Gurgaon. Out of the wedlock one female child, namely, Ashima was born. Due to temperamental differences, the parties could not pull on together. They are living separately for the last more than three years. Petition filed by the parties for dissolution of marriage under Section 13-B of the Act, was dismissed by the learned District Judge, Gurgaon, on 1.5.2009, as the wife on the second motion did not give her consent. Thereafter, the appellant husband filed appeal before this court.

(3.) During the pendency of the appeal before this court, the matter was compromised. The parties have placed on record the compromise today in court. As per the compromise, both the parties will withdraw all the cases filed by them against each other and their respective family members. The terms of the compromise/ settlement are as under:-