JUDGEMENT
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(1.) Marriages are made in heaven, or so it is said. But we are more often
than not made to wonder what happens to them by the time they
descend down to earth. Though there is legal machinery in place to
deal with such cases, these are perhaps the toughest for the courts to
deal with. Such is the case presently before us.
(2.) The appellant-husband and the respondent-wife got married according
to the Hindu Marriage Act, 1955 [hereinafter referred to as 'the Act']
in 1994, and are blessed with a daughter a year thereafter. Some time
in the year 2000, due to differences in their temperaments, they began
to live separately from each other and have been living thus ever
since. Subsequently, in 2001, the parties filed a petition under Section
13B of the Act before the District Court, Gurgaon, for dissolution of
the marriage by grant of a decree of divorce by mutual consent.
However, before the stage of second motion and passing of the decree
of divorce, the respondent withdrew her consent, and in view of this,
the petition came to be dismissed by the Ld. Addl. District Judge,
Gurgaon, though the appellant insisted for passing of the decree. The
appellant, being aggrieved, has filed appeal No. F.A.O. No. 193 of
2003, before the High Court of Punjab and Haryana. The Learned
Judge, by his well considered order, dismissed the appeal vide order
dt. 08.11.2006. Being aggrieved by the same, the appellant is before
us in this appeal.
(3.) We have heard the learned counsel for the parties and since the parties
wanted to ventilate their grievances, we have heard them also.;
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