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2014 Supreme(P&H) 236

S.S.SARON, NAVITA SINGH
Rajwant Singh Bains – Appellant
Versus
Kulwant Kaur Bains – Respondent


Advocates:
For the Appellants:Mr. Parminder Singh Kanwar, Advocate.

JUDGMENT

Mr. S.S. Saron, J.:- This appeal has been filed by both the petitioners before the learned trial Court against the judgment and decree dated 16.12.2013 passed by the learned Additional District Judge (Adhoc), Fast Track Court, Hoshiarpur whereby their joint petition seeking dissolution of their marriage by a decree of divorce by mutual consent in terms of Section 13-B of the Hindu Marriage Act, 1955 has been dismissed.

2. The marriage between the appellants was solemnised according to Sikh rites at Mahilpur, District Hoshiarpur on 6.2.2007. After marriage, they lived and cohabited together as husband and wife at Mahilpur. From the marriage, the parties had no child. Due to temperamental differences between them, their relations became strained. They were not able to live together and have been living separately from each other. Since the marriage had irretrievably broken down, they mutually agreed that it should be dissolved by a decree of divorce by mutual consent. Accordingly, the appellants filed a joint petition in the District Court at Hoshiarpur on 8.3.2013. Their statements at the first motion were recorded on the said date. It was inter-alia stated by them that the






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