ASHITA PANCHOLIA Vs. VIRAL M. PANCHOLIA

JUDGEMENT

(1.) When the transfer petition was taken up, learned counsel of both the parties submitted that I.A.No.2 of 2008 had been filed jointly by the parties praying for conversion of the suit under Section 13 of the Hindu Marriage Act, 1955 to one under Section 13B, and thereafter, to waive the waiting period of six months and to grant a divorce on that basis.

(2.) Mr. Divan, learned senior counsel appearing for the petitioner- wife, has referred to two decisions of this Court in the case of i) Swati Verma (Smt.) v. Rajan Verma and others, 2004 1 SCC 123, and ii) Sanghamitra Ghosh v. Kajal Kumar Ghosh, 2007 2 SCC 220, where in a similar situation, this Court had come to the conclusion that since the marriage had broken down irretrievably, there would be no useful purpose in continuing with the same.

(3.) Since the circumstances in this case are almost identical to those in the two cases cited before us, we allow the application, being I.A. No.2/2008, and grant the relief prayed for, as indicated hereinbelow :-