FAO (HMA) 147 of 2008. 18.12.2009 Present: Mr. Vikas Bhardwaj, counsel for the appellant. Mr. A.K.Vashishta, counsel for the respondent, with Ms. Rozila Devi, respondent in person. This case had been listed before the Court on 20.8.2009 for recording statements of the parties. It was thereafter adjourned to 27.8.2009, when time was sought for presence of the respondent. The case was again adjourned to 11.9.2009, 22.10.2009, 6.11.2009 and finally for 18.12.2009 for recording the statement of the respondent. I have talked to the respondent and she states that marriage between her and her husband Avinash Bhardwaj has broken down irretrievably and there is no chance of the parties reconciling or living together as husband and wife. The respondent was questioned by me and she states that this statement was made by her of her own free will and volition, without any pressure and that she understands the implications of what she has stated. The respondent also admits the receipt of Rs.40,000/- which has been paid to her by the appellant towards her maintenance charges. The appellant has stated that the custody of the child will be with her exclusively and the appellant will have no visitation rights etc. -2- This appeal is accordingly allowed. The judgment and decree dated 26.11.2007, passed by the learned Additional District Judge-I, Kangra at Dharamsala in H.M.A. No. 5-P/2004 is set aside and the marriage between the parties is dissolved by a decree of divorce. The appeal is accordingly disposed of. There shall be no order as to costs. Pending application(s) shall stand disposed of. December 18, 2009 (PC). (Dev Darshan Sud), J.