SUMIT Vs. NEELAM

JUDGEMENT

(1.) BY way of instant appeal, the appellant -husband has challenged the judgment and decree dated 18.5.2011 passed by the District Judge (Family Court), Bhiwani, whereby the petition filed by him under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce, was dismissed.

(2.) THE marriage between the parties was solemnized on 31.12.1998 at village Bass, Tehsil Hansi, District Hisar according to Hindu rites and ceremonies. After marriage, the parties lived together as husband and wife at village Kungar Bhaini Rangran and cohabited as such, but no child was born out of the said wedlock. However, the parties to the marriage could not pull together from the very beginning and have been living separately. Accordingly, the appellant filed a petition under Section 13 (1)(ia) and (ib) of the Act for dissolution of marriage between the parties by a decree of divorce. The said petition was contested by the respondent by filing a written statement. Besides raising various preliminary objections, 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 dismissed the petition filed under Section 13 (1)(ia) and (ib) of the Act for dissolution of marriage between the parties by a decree of divorce vide judgment and decree dated 18.5.2011. Hence, the present appeal by the husband.

(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.14275 -CII of 2014 was filed under Section 13 -B of the Act for grant of a decree of divorce by mutual consent.