(1.) An interesting proposition has come up before this Court for adjudication as to whether an appeal filed under Sec. 28 of the Hindu Marriage Act, 1955 (for short 'the Act') would be maintainable, against the judgment and decree by which decree of divorce has been granted by the trial Court under Sec. 13-B of the Act, de hors the provisions of Sec. 96 (3) of the Code of Civil Procedure?
(2.) In brief, marriage of the parties to the lis was solemnized on 06.07.2014 as per Hindu rites and ceremonies at Bahadurgarh, District Jhajjar. They were blessed with a female child namely; Vedanshi. But due to some temperamental differences, both of them had decided to part ways and to obtain decree of divorce by way of mutual consent. Thus, they filed the petition under Sec. 13-B of the Act before the District Court at Jhajjar. Their first motion statements were recorded on 25.05.2018 followed by the second motion statements recorded on 29.11.2018. It was decided that the husband would pay a sum of ' 4,00,000.00 towards full and final settlement to the wife in lieu of the consent for grant of divorce and the custody of their minor child, Vedanshi, would remain with the husband. On the basis of the statements recorded voluntarily, the trial Court passed the decree of divorce on 29.11.2018, dissolving their marriage by way of decree of divorce by mutual consent.
(3.) It appears that they later on realized their mistake of getting decree of divorce and decided to live together, forgetting their past, forgiving each other for whatever has happened between them, for the better future prospects of their only child-Vedanshi, therefore, they filed the present appeal, though in the form of adversaries but with a common prayer for setting aside the judgement and decree of divorce granted under Sec. 13-B of the Act by the trial Court