CAPT BALWANTSINGH Vs. JASBIR KOUR

JUDGEMENT

(1.) This Civil First Misc. Appeal is directed against the judgment and decree dated 18-11-2000 passed by Addl. District Judge (Matrimonial Cases) Jammu whereby decree for divorce by the mutual consent has been passed and marriage in between the parties has been dissolved with immediate effect i.e. from the date of the passing of the decree.

(2.) Admittedly the facts of the case are that parties are husband and wife. They were married to each other in accordance with the Hindu rites and law, and from the said wedlock a son was also born, who was a student of 11th class at the time of the filing of the petition. Both the parties having decided to dissolve their marriage with the mutual consent, made an application before the trial Court on 19-1-2000, for grant of decree for Divorce by mutual consent. In support of the application the statements of the parties were recorded. Both the parties supported the averments made in the application and remained consistent with their stand for dissolving the marriage by mutual consent. After institution of the application trial Court directed the listing of the application on 21st of July, 2000 i.e. after the statutory period of six months. On 21st of July 2000 when the petition came up for hearing only petitioner Jasbir Kour who is respondent herein appeared. The appellant herein, who was respondent in the said application did not appear, so the application was adjourned to 14th of August 2000 by the learned trial Court while awaiting the appearance of the husband /respondent. On 14th of August 2000 an opportunity was sought for production of the parties by Mr. Vijay Sharma, Advocate, on his request hearing of the application was adjourned to 31st of August 2000. On 31st of August 2000 statement of the petitioner Jasbir Kour respondent herein came to be recorded in which she continued to press her claim for divorce by mutual consent. The appellant however, did not appear. Respondent Jasbir Kour sought time for producing further evidence. However, no further evidence was led. Thus on the next date of hearing appellant's statement was recorded. In his statement the appellant withdrew his consent for the dissolution of the marriage by mutual consent. The learned trial Court ignored the withdrawing of the consent of the appellant and by its judgment and decree dated 18-11-2000 dissolved the marriage by mutual consent.

(3.) Aggrieved by the judgment of the Learned Trial Court, the appellant who is husband of the respondent has come up in appeal.