JUDGMENT :

Sushil Kukreja, J.

The appellant, who was the petitioner before the learned District Judge, Family Court, Mandi, H.P. (hereinafter referred to as the “learned Court below”) has maintained the instant appeal under Section 19 of the Family Court Act, 1984, against the judgment and decree dated 31.10.2020, passed by the learned Court below, in HMA Petition No. 352/19/17, with a prayer to set-aside the same by allowing the instant petition.

2. The brief facts of the case are that the appellant-Anish Thakur (hereinafter referred to as “the petitioner”) filed a petition before the learned Court below under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (for short “the Act”) seeking dissolution of marriage from his wife Smt. Shiwani Jaswal (respondent herein) by a decree of divorce. The petitioner averred that he and the respondent solemnized marriage on 07.05.2015, according to Hindu rites and customs, but the respondent remained in the company of the petitioner for two months only. Out of their wed-lock, on 09.04.2016, a male child was born and the child is in the care and custody of the respondent since his birth. Subsequently, the petitioner came to know that the respon