UMESH SHARMA Vs. SUVIRA SHARMA

JUDGEMENT

(1.) By way of instant appeal, the appellant-husband has challenged the judgment and decree dated 12.3.2014, whereby petition under Sec. 13 (1) (ia) of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce on the ground of cruelty filed by the appellant was dismissed by learned Additional District Judge, Panchkula.

(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 on 12.12.1990 at Panchkula in accordance with Hindu rites and ceremonies. Out of the said wedlock, two sons, namely, Akhil and Nikhil were born on 11.2.1992 and 4.9.1994. After the marriage, the parties lived together as husband and wife at House No. 493, Sector 12, Panchkula till Oct., 1999. Thereafter, due to differences, the parties could not adjust with each other and started living separately since Oct., 1999. Accordingly, the appellant filed a petition under Sec. 13 of the Act for a decree of divorce on the ground of cruelty. The Additional District Judge, Panchkula vide judgment and decree dated 12.3.2004 dismissed the said petition. 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 joint petition bearing C.M. No.5784-CII of 2014 was filed under Sec. 13-B of the Act for grant of a decree of divorce by mutual consent.