AJAY KUMAR Vs. SUNITA RANI

JUDGEMENT

(1.) Delay of 53 days in filing the appeal is condoned.

(2.) In this appeal, the appellant-husband has challenged the judgment and decree dated 4.1.2012 passed by the Additional District Judge (Adhoc), Fast Track Court-II, Hoshiarpur, whereby the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce, was dismissed.

(3.) The facts, in brief, necessary for adjudication of the instant appeal as narrated therein are that the marriage between the parties was solemnized on 18.1.2000 according to Hindu rites at Amritsar. After the marriage, the parties cohabited together as husband and wife at Hoshiaripur. Out of the said wedlock, a male child, namely, Sahil was born on 20.10.2001. The parties lived together as husband and wife in their matrimonial house in Hoshiarpur upto 3rd Week of May 2002 and since then they are living separately. 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 Section 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 Section 13 of the Act for dissolution of marriage between the parties by a decree of divorce vide judgment and decree dated 4.1.2012. Hence, the present appeal.