SANJEEV KUMAR Vs. ANITA

JUDGEMENT

(1.) By way of instant appeal, the appellant-husband has challenged the judgment and decree dated 6.8.2013, whereby petition under Section 13 of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce filed by him was dismissed by the District Judge, Sirsa.

(2.) Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized 7.12.2009 at Village Mangala, Tehsil and District Sirsa according to Hindu rites and ceremonies. After the marriage, the respondent refused to consummate with the appellant and told that she had love affairs with one Paramjeet Singh and wanted to marry with him. Out of the said wedlock, no child was born. However, due to temperamental differences, the parties could not live together and started living separately since December, 2009. A panchayat was convened to settle the dispute but the respondent refused to live with the appellant as she was in love with Paramjeet Singh. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. The said petition was contested by the respondent-wife by filing a written statement. Various preliminary objections were raised in the written statement. On merits, the averments made in the petition were controverted and a prayer for dismissal of the same was made. The trial court vide judgment and decree dated 6.8.2013, on appreciation of evidence led by the parties, dismissed the petition filed under Section 13 of the Act. Hence, the present appeal.

(3.) Vide order dated 4.12.2013, the matter was referred to the Mediation and Conciliation Centre of this Court to explore the possibility of amicable settlement between the parties and the parties were directed to appear before the Mediation and Conciliation Centre of this Court on 16.1.2014. The dispute between the parties was settled amicably before the Mediation and Conciliation Centre of this Court vide settlement dated 20.2.2014, Ex.C1.