KALPANA GOSWAMI Vs. VIPIN SHARMA

JUDGEMENT

(1.) The instant Civil Miscellaneous Appeal has been preferred filed against the judgment and decree dated 8.1.2016 passed by the Additional Sessions and District Judge, Gangapur City, District Sawai Madhopur (hereinafter referred to as "the trial court") whereby the learned trial court has allowed the application filed under Sec. 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955") and passed a decree of divorce.Facts In Brief

(2.) The facts necessary for a fair adjudication of the instant appeal can be briefly summarized as thus: The Appellant Kalpana Goswami and the Respondent Vipin Sharma got married in 2010, 14.7.2010 being the precise date on which their marriage was solemnized. After spending some time with each other, serious disagreements and incompatibility surfaced between them, which made it difficult for them to cohabit with each other as husband and wife even though a child was born out of their wedlock. The appellant thereafter went to her parents' house and started living with them. After all negotiations to settle their differences failed, the parties filed a petition under Sec. 13-B of the Act of 1955 before the Family Court, Sawai Madhopur on 17.07.2013, which was duly transferred to the Additional District Judge, Gangapur City.

(3.) The matter was taken up for consideration by "the trial court" on 25.05.2015. On the said date, both the parties had appeared before "the trial court" and had willingly given affidavits, with a prayer to grant a decree of divorce. On this date i.e. 25.05.2015, the Appellant had informed the court that out of the total amount of ten lakh Rupees agreed to be given by the Respondent to her as permanent alimony, she had received a sum of Rupees five lakhs.