LAWS(P&H)-2019-11-504

RAMANJEET KAUR DHILLON Vs. JAGSIR SINGH

Decided On November 27, 2019
Ramanjeet Kaur Dhillon Appellant
V/S
JAGSIR SINGH Respondents

JUDGEMENT

(1.) Marriage between the parties was solemnized on 3.12.2012 at Faridkot as per Sikh rites. Parties thereafter cohabited. It appears that they could not adjust with each other due to some temperamental differences. As a result, they presented a joint petition under Section 13-B of the Hindu Marriage Act, 1955 (for short "the Act") before the Family Court, Moga for dissolution of their marriage. Their statements were recorded at first motion. Settlement arrived at between them was taken on record. The matter was thereafter adjourned by the court below. After expiry of the statutory period of six months, the parties again made their statements at second motion. They stood by the stand taken by them at the first motion. As the court accepted the version that there was no compatibility between the couple and there was no chance of reconciliation, it acted as per the provisions of Section 13-B of the Act and dissolved the marriage by a decree. Said decree has been challenged by the wife in the instant appeal.

(2.) No plausible explanation is forthcoming for posing challenge to a decree passed on the basis of mutual consent. Besides, it is clear that this court has already held in judgment titled as Gaurav Arya v. Anandita Jain, FAO-5761-2018 decided on 1.11.2019 that no appeal would lie against a consent decree of divorce passed under Section 13-B of the Act. The operative paras of the said judgment read as under:-