BALDEV SINGH Vs. DAVINDERJIT KAUR

JUDGEMENT

(1.) By way of instant appeal, the appellant-husband has challenged the judgment and decree dated 10.02.2007, 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 Additional District Judge (Adhoc), Jalandhar.

(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 24.10.2004 at Kapurthala City, as per Sikh Religious rites. After marriage both the parties resided together as husband-wife and cohabited with each other at village Rani Bhatti, P.O. Kala Bakra, Dsitrict Jalandhar. Out of the said wedlock, on daughter namely Ashupreet Kaur was born on 13.11.2005, who at the time of filing the petition was residing with the appellant at Talwandi Chaudhriyan, Tehsil and District Kapurthala. It has further been averred that the attitude of the respondent towards the appellant was not good since the first day of the marriage. The respondent was suffering from mental disease and was under treatment of Sicatrist before the marriage and the appellant was not aware about the said fact. This fact came into the knowledge of the appellant after the marriage, but since it was second marriage of the appellant, so did not want to spoil his and the life of the respondent and he continued to get treatment of the respondent. The respondent left the society of the appellant many a times and recovered her brother from places like Delhi, Chandigarh etc. and left her into the matrimonial home. The appellant convened the Panchayats and went to his in-laws house to bring his wife back but the attitude of the respondent did not change. Even after, lots of efforts made by the appellant to reconcile with the respondent, the situation became worst when the respondent along with the daughter left the house on 18.11.2005 along with the gold ornaments and valuable articles given to her at the time of marriage and went to her parental house. The appellant then filed an application before Mahila Mandal through SSP, Jalandhar for reconciliation of the matter but in vain, as the respondent refused to live with him. The appellant had also convened Panchayats many a times to save his matrimonial relations with the respondent, but the respondent intentionally and deliberately refused to joint the society of the appellant and treated him with cruelty and has deserted him. 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 10.02.2007, on appreciation of evidence led by the parties, dismissed the petition filed under Section 13 of the Act. Hence, the present appeal.

(3.) During the course of proceedings, the parties had amicably resolved their disputes. It was tentatively agreed between the parties that they shall file a petition seeking decree of divorce by mutual consent. The appellant shall pay to the respondent an amount of Rs. 6,00,000/-, out of which Rs. 2,00,000/- shall be deposited in the name of minor daughter Ashupreet. The appellant shall tender an amount of Rs. 2,00,000/- in favour of the respondent and Rs. 1,00,000/- in the fixed deposit in favour of minor daughter Ashupreet at the time of first motion and similarly, an amount of Rs. 2,00,000/- in favour of the respondent and Rs. 1,00,000/- in the fixed deposit in favour of minor daughter at the time of second motion. It was also agreed by the parties that they shall withdraw the civil and criminal cases that have been filed against each other and their family members.