SUNIL KUMAR Vs. SUMAN SHARMA

JUDGEMENT

(1.) Parties to this appeal were married as per Hindu Rites on 23.02.2004. A son namely Dharamvir was born to them on 28.10.2006 but on account of matrimonial differences they filed cases against each other complaining of matrimonial offences.

(2.) Sunil Kumar, the husband, filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') for dissolution of marriage by grant of a decree of divorce. The petition was dismissed by the Additional District Judge, Ambala on 27.03.2012.

(3.) Aggrieved by dismissal of his petition, Sunil Kumar filed FAO No.M-181 of 2012. During pendency of the appeal, parties resolved their differences and filed CM No.4344-CII of 2013 for altering the petition, filed under Section 13 of the Act, into a petition under Section 13B of the Act which was allowed. The terms and conditions of the settlement/agreement dated 20.12.2012, recorded between parties, before the Mediation & Conciliation Centre of this Court, read as follows: -