MANGAT RAM Vs. SHUKLA DEVI

JUDGEMENT

(1.) BY way of instant appeal, the appellant -husband has challenged the judgment and decree dated 24.8.2001 passed by the Additional District Judge, Amritsar, whereby the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (In short, â € œthe Actâ € ) for dissolution of marriage by a decree of divorce, was dismissed.

(2.) THE marriage between the parties was solemnized on 24.4.1980 at Amritsar according to Hindu rites and ceremonies. After marriage, the parties lived together as husband and wife till March 1996 and cohabited as such. Out of the said wedlock, two children, namely, Purnima (daughter) and Nikhil (son) were born on 8.2.1982 and 21.12.1987, respectively. The daughter had expired and the son was living with his father. The parties to the marriage could not pull together and had been living separately since March 1996. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage between the parties by a decree of divorce. 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 24.8.2001. Hence, the present appeal.

(3.) THE affidavits filed by the parties along with the petition under Section 13 -B of the Act were treated as statements made at the first motion on 20.8.2014 as first motion for dissolution of the marriage by mutual consent. The case was adjourned on the said date for today, i.e., 24.2.2015 for recording statements of second motion of the parties as required under Section 13 -B of the Act.