NISHA DEVI Vs. SANJAY KUMAR

JUDGEMENT

(1.) This appeal has been preferred by appellant/wife Nisha Devi against judgment dtd. 4/9/2021 passed by the District Judge, Family Court, Mandi in case No. 157 of 2016 whereby marriage between the parties has been dissolved under Sec. 13 of Hindu Marriage Act, 1955.

(2.) During pendency of appeal, parties have arrived at consensus to dissolve the marriage on the basis of mutual consent by converting the petition, preferred by respondent-husband for dissolution of marriage under Sec. 13 of Hindu Marriage Act, as a petition under Sec. 13(B) of Hindu Marriage Act, 1955.

(3.) Admittedly, parties were married with each other in the year 2007 and couple was blessed with two children namely Vedika (daughter) and Shivansh (son). But due to difference of opinion, couple could not live together since 2011. They are living separately since last about 13 years. As expressed by the parties, we are also of considered opinion that relationship has become irretrievable and it is not possible for the parties to reconcile the differences and to continue the marriage between them. Therefore, it is a fit case where cooling period, provided under the Act, deserves to be waived off.