VIJAY PAL SINGH Vs. NISHA @ MONA

JUDGEMENT

(1.) PARTIES to these proceedings, namely, Vijay Pal Singh son of Harpal Singh and Nisha @ Mona, were married as per Hindu rites on 30.01.2005, but on account of matrimonial differences, Vijay Pal Singh filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the 1955 Act') for grant of a decree of divorce. The Additional District Judge, Rewari, dismissed the petition vide judgment and decree dated 11.08.2010. Aggrieved by the dismissal of his petition, Vijay Pal Singh has filed the present appeal. The parties were asked to appear before the Mediation and Conciliation Centre, of this Court, but as mediation proceedings did not succeed, the appeal was admitted on 08.09.2011.

(2.) VIJAY Pal Singh, filed C.M. No. 27010 -CII of 2012, praying that after the intervention of close relatives, parties have decided to dissolve their marriage, the original petition filed under Section 13 of the 1955 Act, may, therefore, be altered to a petition under Section 13 -B of the 1955 Act. The application was allowed by passing the following order, on 02.11.2012: -

(3.) THAT the marriage between the parties was solemnized on 30.1.2005 and the respondent remained at matrimonial house upto 28.5.2005 and since then she is residing with her parents, therefore, virtually the marriage has irretrievably broken down between the parties and there is no chance of living together as husband and wife.