BUTA SINGH Vs. HARPREET KAUR @ DOLLI

JUDGEMENT

(1.) By way of instant appeal, the appellant-husband has challenged the judgment and decree dated 2.2.2012 passed by the Additional District Judge, Patiala , whereby the petition filed by him under Sec. 13 of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce, was dismissed.

(2.) The marriage between the parties was solemnized on 13.12.1992 according to Anand Karaj ceremonies at Patiala. Out of the said wedlock, two children, namely, Parminder Kaur (daughter) and Karanbir Singh (son) were born. Both the children are living with the appellant. However, due to some temperamental differences, the relations of the parties became strained and despite the best efforts made by their relatives and friends from both sides, the parties had failed to reconcile. Accordingly, the appellant filed a petition under Sec. 13 of the Act for dissolution of marriage between the parties by a decree of divorce. The said petition was contested by the respondent by filing a written statement. Besides raising various preliminary objections, the averments made in the petition were controverted and a prayer for dismissal of the same was made. The trial court on appreciation of oral as well as documentary evidence led by the parties dismissed the petition filed under Sec. 13 of the Act for dissolution of marriage between the parties by a decree of divorce vide judgment and decree dated 2.2.2012. Hence, the present appeal.

(3.) During the pendency of the appeal, the parties have amicably resolved their differences. As per the terms and conditions entered between the parties, joint petition bearing C.M. No.11486-CII of 2014 was filed under Sec. 13-B of the Act for grant of a decree of divorce by mutual consent.