SUSHEEL Vs. ANJU

JUDGEMENT

(1.) Instant appeal filed under Section 28 of the Hindu Marriage Act, 1955 is directed against judgment dated 26.12.2017 passed by learned Additional District Judge-II, Solan, District Solan, Himachal Pradesh in HMA No. 6ADJ-II/3 of 2015 (Reg. No. 114/2014) , whereby petition under Section 13 of Hindu Marriage Act having been filed by petitioner for dissolution of marriage by a decree of divorce came to be dismissed.

(2.) Precisely, the facts of the case as emerge from the record are that marriage of petitioner and respondent was solemnized on 27.5.205 as per Hindu rites and customs. Parties cohabited together at place Dagshai as husband and wife and from this wedlock a child named Harsh was born on 27.10.2007, who is presently studying in Army Public School, Dagshai in the 6th Standard and is living with the petitioner (husband) . Respondent (wife) allegedly left company of the child two years back. Since parties to the lis failed to live peacefully together, they started living separately and in the year 2014, a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by way of decree of divorce on the grounds of cruelty came to be instituted in the court of learned Additional District Judge-II, Solan, Himachal Pradesh on behalf of the petitioner, however, the fact remains that the same was dismissed. In the aforesaid background, petitioner approached this Court in the instant proceedings praying therein for decree of divorce after setting aside judgment passed by Additional District Judge-II, Solan.

(3.) On 28.2018, when notice was issued to the respondent, learned counsel representing the appellant-petitioner apprised this Court with regard to possibility of compromise inter se parties. Accordingly, this Court specifically directed the respondent to remain present in the Court on the next date of hearing.