LISA GILL, HARPREET KAUR JEEWAN
Gaurav Arora – Appellant
Versus
Radhika – Respondent
JUDGMENT
Lisa Gill, J.
This appeal had been filed by the appellant-husband challenging judgment and decree dated 05.05.2018, passed by learned Additional Judge, Amritsar, whereby petition under section 13 of HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act'), filed by him was dismissed.
2. It is submitted that marriage between the parties was solemnized on 19.02.1995. Two children, a daughter and a son were born out of this wedlock on 22.08.1996 and 16.02.1999, respectively. Dispute arose between the parties leading to filing of petition under Section 13 of the Act, by the appellant-husband, which was, however, dismissed on 05.05.2018.
3. Learned counsel for the parties submit that during pendency of this appeal, matter has been amicably resolved between the parties. Terms and conditions of the compromise have been reduced in writing. Settlement/agreement dated 24.11.2022 is available on record as R1.
4. Prayer on behalf of the parties for conversion of the petition to one under Section 13 -B of the Act is accepted in the given factual matrix. Petition under Section 13 -B of the Act, duly supported by the affidavits of both the parties is taken on record, subject to j
The main legal point established is the court's authority to dissolve a marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, based on a genuine settlement between the partie....
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
Marriage can be dissolved by mutual consent between spouses.
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