LALIT AHUJA Vs. SHIKHA MALHOTRA

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 14.08.2015 passed by Guardian Judge, Ludhiana, whereby application filed by the petitioner for dismissal of the petition was dismissed.

(2.) Brief facts of the case are that the petitioner was married with the respondent on 26.02.2009 at Ludhiana according to Hindu rites and ceremonies. Out of the wedlock, a daughter namely Shreya Ahuja took birth on 16.01.2010. Parties could not pull on their matrimonial ties. With the intervention of the respectables, both the sides entered into written compromise on 13.05.2012. A joint petition under Section 13-B of the Hindu Marriage Act was filed. District Judge, Jalandhar vide judgment and decree dated 14.05.2013 was pleased to grant divorce under Section 13-B of the Hindu Marriage Act. A joint statement was made by the parties that the minor child namely Shreya Ahuja who is in custody of the petitioner will remain with him and respondent will be having no concern with the minor whatsoever. Petitioner would be responsible for all the education, maintenance, upbringing and marriage of the minor Shreya Ahuja. All the claims regarding past, present and future maintenance and permanent alimony have been paid to the respondent. Joint statement of the parties before the District Judge, Ludhiana on 14.05.2013 was to the following effect:-

(3.) After dissolution of marriage, petitioner has been taking due care of the minor. Petitioner has also re-married with Ashima Ahuja on 25.07.2015 after disclosing of his first marriage and custody of minor daughter. Ashima Ahuja has accepted minor Shreya Ahuja as her daughter. She has left her job for taking care of minor. Minor Shreya Ahuja is studying in one of the best schools in Ludhiana i.e. Saint Mary's Kindergarten, B.R.S Nagar, Ludhiana. Petitioner has been taking due care in respect of welfare of the minor. Minor Shreya Ahuja has been made nominee in the insurance policies of the petitioner. The first motion was recorded on 12.11.2012 by the District Judge, Ludhiana, which was duly signed by both the parties and witnesses. Joint statement of the parties on second motion was recorded on 14.05.2013 and thereafter, decree of divorce under Section 13-B of the Hindu Marriage Act was passed. Respondent has also re-married with one Prashant Rajanna.