Rakesh Kumar Jain, J.

An interesting proposition has come up before this Court for adjudication as to whether an appeal filed under Section 28 of the Hindu Marriage Act, 1955 (for short `the Act') would be maintainable, against the judgment and decree by which decree of divorce has been granted by the trial Court under Section 13-B of the Act, de hors the provisions of Section 96 (3) of the Code of Civil Procedure?

2. In brief, marriage of the parties to the lis was solemnized on 06.07.2014 as per Hindu rites and ceremonies at Bahadurgarh, District Jhajjar. They were blessed with a female child namely; Vedanshi. But due to some temperamental differences, both of them had decided to part ways and to obtain decree of divorce by way of mutual consent. Thus, they filed the petition under Section 13-B of the Act before the District Court at Jhajjar. Their first motion statements were recorded on 25.05.2018 followed by the second motion statements recorded on 29.11.2018. It was decided that the husband would pay a sum of Rs.4,00,000/- towards full and final settlement to the wife in lieu of the consent for grant of divorce and the custody of their minor child, Vedanshi, would rem