ASWANI Vs. NEENA

JUDGEMENT

(1.) In this appeal, the appellant-husband has challenged the judgment and decree dated 26.3.2010 passed by the District Judge (Family Court), Bhiwani, whereby the petition filed by him under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce, was dismissed.

(2.) A few facts necessary necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized 20.1.2007 at village Chang according to Hindu rites and ceremonies. After the marriage, the parties lived together as husband and wife. Out of the said wedlock, no child was born. However, due to incompatibility of temperaments of the parties, right from the very start of the married life, they could not adjust with each other and there remained altercation between them. Due to temperamental differences and change in the attitude, the parties could not live together as husband and wife under one roof. Several efforts were made to reconcile the matter, but all in vain. Accordingly, the appellant filed a petition under Section 13 (1)(ia) of the Act for dissolution of marriage by passing a decree of divorce. The said petition was contested by the respondent by filing a written statement. Various preliminary objections were raised. The averments made in the petition were controverted and a prayer for dismissal of the same was made. The appellant filed replication controverting the averments made in the written statement. The trial court on appreciation of oral as well as documentary evidence led by the parties dismissed the petition filed under Section 13 (1)(ia) of the Act for a decree of divorce on the ground of cruelty vide judgment and decree dated 26.3.2010. 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 agreement dated 29.3.2014, Ex.C2, joint petition bearing C.M. No.7826-CII of 2014 was filed under Section 13-B of the Act for grant of a decree of divorce by mutual consent.