Ajay Kumar Mittal, J. - (1.) DELAY of 60 days in filing the appeal is condoned.
(2.) BY way of instant appeal, the appellant -husband has challenged the judgment and decree dated 9.10.2012, whereby petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce on the ground of desertion and cruelty filed by the appellant was dismissed by the District Judge, Family Court, Ambala. Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized 24.1.1999 at Ambala Cantt. according to Hindu rites and ceremonies. After the marriage, the parties lived together as husband and wife and cohabited as such. Out of the said wedlock, a female child, namely, Mehakpreet Kaur was born in 2008 who is residing with the wife. The appellant was working as Hawaldar in Indian Army and used to come to his house at village Mohar Singh Wala for 90 days' leave in a year. According to the appellant, the respondent was a lady of arrogant nature and used to burst out on any trifling matter and refused to perform household chores i.e. cooking meals and washing clothes. In August, 2007, the respondent was taken by her father to her parental house for delivery of the child and while leaving the matrimonial home, she had taken away cash amount along with gold and silver ornaments and clothes etc. After delivery, she did not come back. However, in February, 2008, when the appellant had come on leave and gone to the parental house of the respondent to take her back, she refused to live and cohabit with the appellant. In October, 2008, he had come on leave and again went to bring the respondent and the child but the parents of the respondent refused to send her. On 17.10.2008, a panchayat was organized and the respondent was approached, but her father refused to send the respondent in their presence. Despite best efforts made by the appellant, the respondent did not turn back to the matrimonial home. According, the appellant filed a divorce petition under Section 13 of the Act. The said petition was contested by the respondent -wife by filing a written statement. Besides controverting the averments made in the petition, a prayer for dismissal of the petition 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 a decree of divorce on the ground of desertion and cruelty vide judgment and decree dated 9.10.2012. Hence, the present appeal.
(3.) VIDE order dated 26.8.2013, the matter was referred to the Mediation and Conciliation Centre of this Court to explore the possibility of amicable settlement between the parties and the parties were directed to appear before the Mediation and Conciliation Centre of this Court on 3.10.2013. However, the parties could not appear before the Mediation and Conciliation Centre of this Court on the said date and an application bearing CM No. 19870 -CII of 2013 was moved for extension of time for appearing before the Mediation and Conciliation Centre of this Court. Accordingly, vide order dated 10.10.2013 the application was disposed of and the parties were directed to appear before the Mediation and Conciliation Centre of this Court on 3.12.2013. Consequently, the dispute between the parties was settled amicably before the Mediation and Conciliation Centre vide settlement dated 13.12.2013.;