(1.) The present appeal has been filed for setting aside order dtd. 28/1/2021 vide which an application for setting aside judgment and decree dtd. 31/5/2016 passed by the learned Additional District Judge, Jalandhar, has been dismissed.
(2.) The appellants solemnized marriage on 13/12/2006 as per Sikh Religious Rites at Kapurthala. Out of this wedlock, two children namely Ms. Karmandeep Kaur and Master Gurfateh Singh were born on 9/9/2010 and 23/8/2013 respectively. On account of temperamental differences, they started living separately since 20/1/2014 and both the children were living with the mother-appellant No.2. A petition under Sec. 13-B of Hindu Marriage Act (hereinafter referred to as 'the Act') for dissolution of marriage by way of mutual consent was filed before the court of Learned Additional District Judge, Jalandhar, District Jalandhar on 26/11/2015 and the same was allowed vide judgment and decree dtd. 31/5/2016 and since then the appellants were living separately.
(3.) The appellants have placed on record compromise dtd.21/3/2018 (Annexure A-l) reduced into writing between the appellants. As per this compromise, with the intervention of relatives, respectables and common friends, parties have started living together as husband and wife alongwith their minor children at the house of appellant No. 1 i.e. matrimonial house at House No. 2, Kabir Avenue, Ladhewali, Jalandhar, Tehsil and District Jalandhar w.e.f. 18/3/2018. The appellants had filed FAO-M-205-2018 titled as Sandeep Kaur v/s. Jagjit Singh before this Court for setting aside decree of divorce granted under Sec. 13-B of the Act vide judgment and decree dtd. 31/5/2016. Vide order dtd. 6/7/2018 (Annexure A-2), this appeal was dismissed by observing that remedy of filing appeal/application under Sec. 28 of the Hindu Marriage Act as well as Sec. 96(3) of the Civil Procedure Code would lie before the same Court or the successor Court of Additional District Judge, Jalandhar for setting aside consent decree dtd. 31/5/2016. Pursuant to order dtd. 6/7/2018 (Annexure A-2), the appellants filed an application (Annexure A-3) before the Family Court, Jalandhar for setting aside judgment and decree dtd. 31/5/2016 on the basis of compromise dtd. 21/3/2018. This application has now been dismissed by referring to the judgment passed by this Court in Jyoti V/s. Neeraj Kumar Saini 2019 (1) R.C.R. (Civil) 748 wherein it was held that the appeal against the judgment and decree was not maintainable before the Family Court and it is the High Court who could set aside the consent decree passed under Sec. 13-B of the Hindu Marriage Act.