RITIKA GOEL Vs. AJAY GOEL

JUDGEMENT

(1.) The instant appeal has been preferred by the wife-Ritika Goel against the judgment and decree dated 05.01.2018 of learned Additional District Judge, Kurukshetra, whereby the petition jointly filed by her and the respondent/husband- Ajay Goel under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') was allowed.

(2.) The marriage between the parties was solemnized on 10.02.2012 as per Hindu rites and ceremonies. One daughter was born out of the said wedlock who is living with the wife. Differences arose between the couple soon after their marriage as a result of which their marriage ran into rough weather. After a wearisome period of endless disputes and wrangling, they mutually agreed to dissolve their marriage by filing a petition under Section 13-B of the Act before the learned Additional District Judge, Kurukshetra. On 03.07.2017, a joint statement of the parties was recorded to the said effect. Thereafter, they recorded their respective first motion statements before the Court below. The second motion statements of both the parties were recorded on 05.01.2018 i.e. after the statutory period of six months from the recording of their first motion statements. In the second motion statements it was reiterated by the parties that due to the differences that had developed between them, after their marriage, it was not possible for them to live together and due to their temperamental differences etc. they had withdrawn from the society of each other. It was also stated by both the parties that all their disputes regarding maintenance, istri dhan, permanent alimony etc. stood settled and they would be bound by the following terms of their divorce:-

(3.) The minor child was to remain in the custody of the wife and the husband was not to claim her custody in future. In case the child wanted to go abroad before she attained majority, the husband was not to have any objection to the same. The wife could file any application on behalf of the child to any authority or department, for the benefit of the child without the permission or consent of the husband.