NASIB CHAND DHUNNA Vs. SEEMA RANI

JUDGEMENT

(1.) Learned counsel for the appellant has tendered draft No.960854 dated 10.12.2013 drawn on Punjab National Bank, G.T.Road, Phagwara Distt. Kapurthala for an amount of Rs.7 lacs in favour of the respondent-Seema Rani. The same has been handed over to the respondent who is present in Court and she has accepted the same without prejudice to her rights.

(2.) This appeal has been filed by the appellant-husband against the judgment and decree dated 18.12.2012 passed by the learned Additional Civil Judge (Senior Division), Phagwara exercising the powers of District Court under the Hindu Marriage Act, 1955 ('Act' - for short) whereby the joint petition filed by the parties seeking dissolution of the marriage between them by a decree of divorce by mutual consent was dismissed as the respondent-wife withdrew her consent at the time of second motion.

(3.) The marriage between the parties was solemnized according to Hindu rites and ceremonies at Phagwara in March, 2010. This was the second marriage of both the parties. Three months after the marriage, matrimonial disputes arose between them and they could not adjust with each other. They started living separate from each other. The respondent-wife in her petition stated that she started living with her sister in Mohalla Sachran, Near Chaura Khuh Mandir, Phagwara, Distt. Kapurthala. However, in her statement recorded today in Court, she stated that she started living with her mother in Mohalla Sachran, Near Chaura Khuh Mandir, Phagwara, Distt. Kapurthala. The same is not of much consequence as admittedly they had started living separately. With the intervention of elders and relatives, a compromise was effected between the parties and they decided to amicably partways from each other and take divorce by mutual consent. The appellant was to pay an amount of Rs.3.5 lacs towards past, present and future maintenance of the respondent-wife. An amount of Rs.1.5 lacs was paid at the time of first motion. The balance amount of Rs.2 lacs was to be paid at the time of second motion. At the time of second motion, the respondent wife, however, withdrew her consent for divorce and accordingly, the learned Additional Civil Judge (Senior Division), Phagwara exercising the powers of District Court under the Act vide impugned judgment and decree dismissed the joint petition. Aggrieved against the same, the appellanthusband has filed the present appeal.