PRABHJOT SINGH Vs. JAGJIT KAUR

JUDGEMENT

(1.) BY way of instant appeal, the appellant -husband has challenged the judgment and decree dated 18.2.2002 passed by the Additional District Judge, Gurdaspur, whereby the petition filed by him under Section 13 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 21.10.1990 at Amritsar according to Sikh rites and ceremonies. After marriage, the parties lived together as husband and wife and cohabited as such. Out of the said wedlock, a girl child was born on 18.7.1991 who is residing with the mother. After the marriage, the lives of the parties were going smoothly, however, there was a dispute and as a result thereof, the appellant filed a divorce petition which was allowed ex -parte vide order dated 12.12.1992. The said ex parte decree was set aside by the trial court vide order dated 25.11.1998 on an application moved by the respondent. Against which, the appellant filed revision bearing CR No. 231 of 1999 which was dismissed by this Court on 11.10.2000. The respondent controverted the averments made in the divorce petition by filing a 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 of the Act for dissolution of marriage between the parties by a decree of divorce vide judgment and decree dated 18.2.2002. Hence, the present appeal by the husband.

(3.) BOTH the parties made their respective statements on 24.7.2014 as first motion for dissolution of the marriage by mutual consent under Section 13 -B of the Act. The case was adjourned on the said date for today, i.e., 27.1.2015 for recording statements of second motion of the parties as required under Section 13 -B of the Act.