MAMTA Vs. ALOK

JUDGEMENT

(1.) The present civil misc. appeal is directed against the judgment & decree dated 28.07.2017 passed by the Ld. Judge Family Court, Jhunjhunu, rejecting application for divorce filed by the appellant (wife) under section 13 of the Hindu Marriage Act, 1955 (hereinafter 'the Act of 1955').

(2.) The indisputed facts which has come on record are that the marriage of the appellant and respondent was solemnized according to the Hindu rites and rituals on 27.04.2009 at Chirawa, District Jhunjhunu but it was unfortunate that they could not maintain their matrimonial relation and the appellant-wife has certain grievances of the alleged cruelty being committed by the respondent-husband and one stage at her instance F.I.R. No. 312/10 came to be registered under section 323, 498A and 406 IPC. It was alleged that on some occasions they tried their best to resolve their matrimonial discord and the family members also intervened to maintain their matrimonial relationship but unfortunate fail and she decided to file divorce petition under section 13(1)(ia)(ib) of the Act 1955 that came to be dismissed by the ld. Family Court vide its judgment and decree dated 28.07.2017 which is the subject matter of challenge at the instance of the appellant-wife in the instant appeal.

(3.) During pendency of the appeal, the matter was sent for mediation and with the assistance of their counsel they explored other modalities/possibilities in resolving their matrimonial discord and finally they have arrived to a conclusion that decree of divorce by consent under section 13-B of the Act of 1955 be obtained after due compliance of the provision and the mandate of law. A joint application came to be filed by the parties with the request to dissolve their marriage by mutual consent, although title cover does not indicate of 13B but the recital and contents of the application certainly are in conformity of the mandate and requirement of Section 13B of the Act 1955. The application has been duly signed by the parties and identified by their respective counsel and duly notarized filed on 28.11.2017.