(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 on 11.10.2000 as per Hindu rites at Ambala Cantt. Out of the wedlock one daughter, namely, Ms. Kirti Gupta, was born. Due to temperamental differences, the parties could not pull on together. They are living separate since 27.6.2005. Petition filed by the husband for dissolution of marriage was dismissed by the learned Additional District Judge, Chandigarh, on 6.1.2010, which judgment and decree has been impugned by the husband 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:-