SHASHANK Vs. NITIKA

JUDGEMENT

(1.) By way of instant appeal under Section 28 of the Hindu Marriage Act, 1955, challenge has been laid to judgment dated 4.6.2016, rendered by the learned District Judge, Kullu, District Kullu, HP in HMP No. 74 of 2013 Registration No. 558 of 2013, whereby petition having been filed by the appellant under Section 13 (1) of the Hindu Marriage Act, for dissolution of marriage by a decree of divorce, has been dismissed.

(2.) Facts in brief are that the marriage of appellant and respondent was solemnized on 14.8.2012, as per local customs of the area at Hadimba Temple, Manali. It is also not in dispute that no issue was born out of their wedlock. Both the parties lived together as husband and wife for some time and during this period, they stayed with maternal grand-mother of respondent at Manali. But, subsequently, appellant filed a petition for divorce against the respondent, alleging therein that after 2-3 months of the marriage, he came to know that respondent was addicted to alcohol and drugs. Appellant further claimed that he repeatedly persuaded respondent not to indulge in such habits, but she did not adhere to it, rather, he was given beatings under the influence of liquor. It also emerges from the record that matter also came to be reported to the State Women Commission, Himachal Pradesh, Shimla, on whose directions, matter was referred to the Superintendent of Police, Kullu, who further directed the SHO, Police Station, Kullu, to conduct inquiry. Though, the parties settled the matter before SHO, Police Station Kullu, but it appears that parties were not able to live together for quite long. Aforesaid allegations as made by appellant were denied by the respondent in her written statement/ reply filed before the Court below. Learned District Judge, Kullu, vide judgment dated 4.6.2016, dismissed the petition for divorce, preferred by the appellant. In the aforesaid background, appellant, approached this Court by way of instant proceedings, praying therein for dissolution of marriage by decree of divorce after setting aside judgment dated 4.6.2016, passed by learned District Judge, Kullu, District Kullu, Himachal Pradesh in HMP No. 74 of 2013.

(3.) Today, during the proceedings of the case, learned counsel representing the parties, on the instructions of their respective clients, who are present in the Court, submitted that the parties have amicably settled the matter inter se them vide compromise dated 11.9.2017, annexure A-1 of the application under Section 151 CPC, filed during the course of day itself. In the aforesaid application, it is prayed by the parties that in view of compromise dated 11.9.2017, present appeal, under Section 28 of the Hindu Marriage Act, may be converted into petition under Section 13B of the Act ibid and decree of divorce by way of mutual consent be passed in the interest of justice.