KULWINDER KAUR Vs. GURMIT SINGH JILK

JUDGEMENT

(1.) Prayer in the present appeal is for setting aside judgment dtd. 18/8/2020 passed by learned Additional Principal Judge, Family Court, Hoshiarpur, Camp Court Dasuya (hereinafter to be refened as the 'Family Court'), whereby petition under Sec. 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') in HMA case No.22 of 28/1/2020 titled 'Kulwinder Kaur vs. Gunnit Singh Jilk' for dissolution of maniage between the parties by mutual consent has been allowed.

(2.) Brief facts of the case are that maniage between the parties was solemnized on 29/3/2006 as per Sikh rites at village Raiya, Tehsil Dasuya, District Hoshiarpur. It is pleaded appellant No.l and 2 were in live-in relationship before marriage and appellant No.l gave birth to a male child namely, Harmandeep Singh, whose date of birth is 18/11/2005, and is presently living in care and custody of appellant No.2-father in Germany. With the efforts of respectables and relatives, maniage between the parties was solemnized on 29/3/2006. They lived and cohabited together as husband and wife at village Jahura Tehsil Dasuya, District Hoshiarpur. Two months after their marriage appellant No.2 went abroad i.e Germany but continued his occasional visits to India.

(3.) Learned counsel for the appellants submits that relation between them remained cordial for some years but thereafter it became strained. On account of temperamental differences, they started living separately since 2015. Ultimately, petition under Sec. 13-B of the Hindu Marriage Act, 1955 for dissolution of marriage by way of mutual consent was filed before the Court of learned Additional Principal Judge, Family Court, Hoshiarpur, Camp Court Dasuya on 28/1/2020. As per settlement between the appellants, appellant No.l received lump sum agreed amount from appelleant No.2 for her mainatenance. Custody of the child, it was decided shall be with appellant No.2 (father). Petition under 13-B of the Act was allowed vide judgment and decree dtd. 18/8/2020 and marriage was dissolved.