BALRAJBIR SINGH Vs. DEEPSHIKHA KALYAN

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 1/12/2020 (P-6) passed by the learned Principal Judge, Family Court, Ludhiana (for short 'Family Court'), whereby joint application of the parties for seeking waiver of second motion under Sec. 13-B (2) of the Hindu Marriage Act, 1955 (for short 'Act') was rejected.

(2.) Brief facts are that marriage between petitioners No.1 and 2 was solemnized on 31/5/2014 by way of Anand Karaj ceremony at Royal Castle Marriage Palace, Village Gulhal, near Samrala, District Ludhiana. Parents of petitioner No.2 spent an amount of Rs.20,00,000.00 (Rupees Twenty Lacs) at the time of marriage and also entrusted a large number of dowry articles to petitioner No.1 as well as his family members. Parties cohabited at Moga, but no child is born from the wedlock uptil date. Due to temperamental differences, parties were not able to live together and started residing separately since 26/11/2014. Petitioner No.1 filed divorce petition under Sec. 13 of the Act, which was dismissed on23/7/2019. Petitioner No.2 had also filed a petition under Sec. 9 of the Act seeking restitution of conjugal rights and that was allowed on 23/7/2019. Aggrieved against both the above judgments, petitioner No.1 filed two separate FAOs, i.e. FAO No.5250 of 2019 and FAO No.5317 of 2019, respectively, but ultimately, the same were ordered to be dismissed as withdrawn on 28/1/2021.

(3.) In view of the protracted litigation, there remained no chance for reconsideration and ultimately, parties decided to dissolve their marriage by way of mutual settlement. Consequently, both sides entered into Memorandum of Settlement dtd. 16/10/2020 (P-3). Petitioner No.1 returned all the articles to petitioner No.2, which were given at the time of marriage and the same was duly acknowledged by her. Thereafter, joint petition under Sec. 13-B of the Act was filed before the learned Family Court on 23/10/2020 seeking dissolution of marriage with consent, in which statements of parties were recorded in terms of first motion, on 26/10/2020 and the matter was adjourned for 27/5/2021.