NEERU Vs. JAGATJIT SINGH AHLUWALIA

JUDGEMENT

(1.) In this appeal, the appellant-wife has challenged the judgment and decree dated 3.4.2003 passed by the District Judge, Jalandhar, whereby the petition filed by the husband-respondent under Sec. 11 of the Hindu Marriage Act, 1955 (In short, "the Act") for declaring the marriage between the parties as nullity, was allowed.

(2.) Put shortly, the facts necessary for adjudication of the instant appeal as narrated therein are that the marriage between the parties was solemnized on 14.12.1998. The parties lived together as husband and wife and cohabited as such. Out of the said wedlock, a son, namely, Bharat Rattan Singh alias Bhanu was born on 10.10.1999. However, due to some temperamental differences between the parties after their marriage, they could not pull together smoothly because of incompatibility of their nature. It was not possible for them to live together or to lead a normal marital life. Due to regular disputes between the parties, they were living separate since 2000. The respectable and friends of both the parties had made their best efforts to settle the disputes but all in vain. Accordingly, the respondent filed a petition under Sec. 11 of the Act for a decree of nullity of marriage between the parties. The said petition was contested by the appellant by filing a written statement. The averments made in the petition were controverted and a prayer for dismissal of the same was made. The trial court on appreciation of oral as well as documentary evidence led by the parties allowed the petition filed under Sec. 11 of the Act for nullity of marriage between the parties vide judgment and decree dated 3.4.2003. Hence, the present appeal.

(3.) During the pendency of the appeal, the parties have amicably resolved their differences. As per the terms and conditions entered between the parties by way of compromise dated 15.5.2014, Ex.C2, joint petition bearing C.M. No.13175-CII of 2014 was filed under Sec. 13-B of the Act for grant of a decree of divorce by mutual consent.