VIJAY KUMAR Vs. ASHA

JUDGEMENT

(1.) This appeal, by the husband, arises out of the Judgment of District Judge, Simla in HMA No. 2O -S/3 of 1988 decided on 31 -3 - 98V. By this decision, the petition jointly moved by the parties under section 13 -B (1) of the Hindu Marriage Act, 1955 (as amended) has been dismissed.

(2.) The facts, in brief, are that the appellant and the respondent were married, according to Hindu rites at Patiala on 15 -7 -1984 where after they remained at different places including Simla. However, they started living separately since the 15th day of July, 1987 and they say that they were living apart due to difference in mental attitude and nature with each other.

(3.) The parties mutually agreed to put an end to the matrimonial alliance and with this end in view, preferred a petition under section 3 -B (1) of Hindu Marriage Act for divorce with mutual consent. The trial Court recorded the statements of the parties on oath and fixed the case for further proceedings on 23 -2 -1989, further the respondent moved an application on 23 -2 -1989 for the withdrawal of the petition. In this application the respondent stated that she consented for the filing of the petition owing to undue influence and threats exercised on her. This application was opposed by the appellant who contended, inter alia, that the petition for divorce by mutual consent was moved freely and without exercise of any kind of pressure or influence on the respondent. The parties agreed mutually to do so and the petition was accordingly filed. The District Judge, after hearing arguments in the matter, dismissed the petition as having been withdrawn by the respondent, This is how the Judgment has been challenged by the appellant by way of this appeal.