ANOOP ASIJA Vs. REKHA RANI

JUDGEMENT

(1.) Anoop Asija appellant and Rekha respondent were married at Sirsa on 13.04.2001 as per Hindu rites and ceremonies. Due to matrimonial differences between them, Anoop Asija appellant on 17.09.2003 filed a petition under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (Act-for short) seeking dissolution of the marriage between the parties by a decree of divorce. It was inter alia stated in the said petition that the parties had lived together till 15.07.2003. The petition of the appellant was dismissed by the learned Additional District Judge, Sirsa vide judgment and decree dated 23.12.2005. Aggrieved against the same, the appellant filed the present FAO No.17-M of 2006. It was admitted by this Court on 10.02.2006.

(2.) During the pendency of the appeal, the parties entered into a compromise and Civil Miscellaneous No.16725-CII of 2012 was filed for permitting the appellant to file a petition under Section 13-B of the Act, which was supported by respective affidavits of the parties. The parties sought dissolution of their marriage between them by a decree of divorce by mutual consent. This Court vide order dated 02.08.2012 allowed CM No.16725-CII of 2012 and the petition under Section 13-B of the Act was taken on record. The statements of both the parties at the first motion were recorded on 02.08.2012. Both the parties in their separate statements stated that they were married on 13.04.2001 according to Hindu rites and ceremonies at Sirsa. They lived together as husband and wife at the house of the appellant till middle of 2003. They had a son namely Mohak who was born on 31.01.2002. They lived together as husband and wife peacefully for some years but thereafter there were dispute between them and despite best efforts of the friends, relatives, well wishers and elders of both the sides, they could not reconcile their differences. Their marriage had broken down irretrievably. They were unable to adjust with each other. They had been living separately for more than nine years. Despite best efforts for reconciliation, patch up could not be arrived at. The compromise had been effected between them and they had decided to dissolve their marriage by mutual consent. The appellant paid an amount of Rs.31,00,000/- in lumpsum as permanent alimony to the respondent and Mohak son of the parties. The compromise (Ex.C-1) was taken on record. Both the parties had no claim against each other. The case was adjourned for today for the second motion.

(3.) Both the parties are present and their separate statements on the second motion have been recorded. They stand by their earlier statements recorded on 02.08.2012 that the marriage between them be dissolved by a decree of divorce.