JUDGMENT :

(Ritu Tagore, J.)

Prayer in the present appeal is for setting aside judgment dated 18.08.2020 passed by learned Additional Principal Judge, Family Court, Hoshiarpur, Camp Court Dasuya (hereinafter to be referred as the "Family Court"), whereby petition under Section 13-B of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the 'Act') in HMA case No.22 of 28.01.2020 titled 'Kulwinder Kaur v. Gurmit Singh Jilk' for dissolution of marriage between the parties by mutual consent has been allowed.

2. Brief facts of the case are that marriage between the parties was solemnized on 29.03.2006 as per Sikh rites at village Raiya, Tehsil Dasuya, District Hoshiarpur. It is pleaded appellant No.1 and 2 were in live-in relationship before marriage and appellant No.1 gave birth to a male child namely, Harmandeep Singh, whose date of birth is 18.11.2005 and is presently living in care and custody of appellant No.2-father in Germany. With the efforts of respectables and relatives, marriage between the parties was solemnized on 29.03.2006. They lived and cohabited together as husband and wife at village Jahura Tehsil Dasuya, District Hoshiarpur. Two months after their marriage appellant No.2 went abroad i.e Germany but continued his occasional visits to India.

3. Learned counsel for the appellants submits that relation between them remained cordial for some years but thereafter it became strained. On account of temperamental differences, they started living separately since 2015. Ultimately, petition under Section 13-B of the HINDU MARRIAGE ACT , 1955 for dissolution of marriage by way of mutual consent was filed before the Court of learned Additional Principal Judge, Family Court, Hoshiarpur, Camp Court Dasuya on 28.01.2020. As per settlement between the appellants, appellant No.1 received lump sum agreed amount from appellant No.2 for her maintenance. Custody of the child, it was decided shall be with appellant No.2 (father). Petition under 13-B of the Act was allowed vide judgment and decree dated 18.08.2020 and marriage was dissolved.

4. After obtaining decree of divorce with mutual consent under Section 13-B of the Act. appellant No.2 took their son Harmandeep Singh to Germany on 18.10.22. Since then son is living with appellant No.2 his father. It is averred that appellants realized their mistake in parting ways. They have now reconciled their differences and decided to resume matrimonial ties for the sake of minor child and to ensure a good future for him. Appellant No.1, it is stated is living in the matrimonial home since 09.09.2021 and both appellants are having cordial relations. Therefore, they seek setting aside of judgment dated 18.08.2020.

5. In the wake of categoric pleadings of the parties, they were directed to remain present in Court on 30.01.2023. Patties accordingly appeared in Court on the said date. Both of them on pointed queries of the Court specifically stated that they have resolved their differences amicably and are residing together peacefully for their future life and for the welfare of their only child. They prayed that the decree of divorce though secured by them through mutual consent be set aside so that they may again cohabit as husband and wife.

6. To verify the bonafides of their assertions, parties were directed to appear before learned Family Court, Dasuya on 03.02.2023 for recording their statement along with statements of mother and maternal uncle of Gurmit Singh Jilk-appellant no I and brother of Kulwinder Kaur, who is stated to be residing in Germany. Interaction with brother of Kulwinder Kaur-appellant No.2 was directed to be carried out through video conferencing and learned Family Court, was directed to send the report along with the statements of all concerned.

7. In this regard, report dated 03.02.2023 has been received from the Principal Judge, Family Court, Hoshiarpur, wherein it is reported that parties have got recorded their statements voluntarily, without any coercion and pressur