JASJIT SAINI Vs. SANJEEV PAL SINGH SAINI

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife against the judgment and decree dated 10.10.2013 passed by the learned Additional District Judge, Chandigarh whereby the joint petition (Annexure A-1) filed by the parties seeking dissolution of their marriage by a decree of divorce by mutual consent in terms of Sec. 13-B of the Hindu Marriage Act, 1955 ('Act' - for short) has been dismissed.

(2.) The marriage between the parties was solemnized at Sector-21 Gurudwara, Chandigarh as per Sikh rites and ceremonies on 24.12.1995. The parties had two daughters namely Simran Saini aged 15 years and Smiti Saini aged 12 years. They are studying in class 10 and class 7 respectively in England. Both the daughters are living with the appellantwife. The parties had agreed that the custody of the daughters shall remain with the appellant-wife. The respondent-husband, however, had a right to meet the daughters with prior intimation to the appellant. After marriage, the parties stayed in India till 2006. Thereafter they went to England in Jan., 2007. Their relations became strained after they went to England. They tried their best to adjust and compromise with each other for the sake of the children. However, despite best efforts, they could not adjust. There was complete incompatibility of temperament between them. Therefore, they mutually agreed that the marriage between them be dissolved by a decree of divorce. They had been living separate from each other since March, 2012. There was no dispute between the parties regarding dowry articles; besides, the appellant does not claim any maintenance and alimony from the respondent. They had no claim against each other. Accordingly, a joint petition (Annexure A-1) was filed by the parties seeking dissolution of the marriage between them by a decree of divorce in terms of Sec. 13-B of the Act. The parties appeared in the Court of the learned Additional District Judge, Chandigarh on 03.04.2013 and their respective statements (Annexure A-2 and Annexure A-3) were recorded at the first motion wherein they consented for grant of divorce.

(3.) The appellant-wife in her statement (Annexure A-2) inter alia stated that after marriage she along with her husband (respondent) went to Bombay where they stayed together for about a year after which they shifted to Jalandhar where they stayed together for three-four years. Then they came to Panchkula. The appellant along with her family lived at Panchkula for six-seven years. During this entire period, the respondent was living with the appellant. He was working in Delhi and used to come to the family at weekends. Then they migrated to England in 2007. They had two daughters from the marriage namely Simran Saini who was born on 19.09.1997 and Smiti Saini who was born on 01.01.2001. Both the daughters were born at Chandigarh. The parties lived together in England for a period of about five years. Both the daughters were living in the care and custody of the appellant. The appellant came to India on 28.03.2013. They had been living separately since March, 2012. The appellant was residing at Beverley Mansion, Middlesex, U.K. while the respondent was living in Southall, Middlesex, U.K. There was no dispute about dowry articles. It is stated by the appellantwife that she does not claim any alimony or maintenance from the respondent. They have been unable to live together due to temperamental differences. There was no understanding between them. Since March, 2012, they had never lived together and there had been no cohabitation between them. She had voluntarily given her consent to the petition for divorce without force, fraud or undue influence. The respondent could visit his daughters at any time. Both the daughters would be staying with her.