DHANJIT Vs. BEENA BADRA

JUDGEMENT

(1.) By this common judgment, I propose to dispose of C.R. 1400/89 and P.A.O. 264/89 filed by the husband Dhanjit praying for modification of an order dated 5-9-89 and for setting aside an order made by Ms Kanwalinder, A.DJ. on 6-11-89 as both the impugned orders arise out of one petition filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (the Act) against the wife Beena for dissolution of their marriage by a decree of divorce on the ground of cruelty.

(2.) The parties were married according to Hindu rites on 12-3-82. A female child Shaista was born from wedlock on 4-7-83. Differences arose between the parties. They started living separately from each other from 5-6-84. They have not been able to live together since then. The petition under Section 13(1)(ia) of the Act was filed by the husband on 11-2-85.

(3.) During the proceedings, efforts were made, before framing issues as also thereafter, to bring about reconciliation between the parties but in vain. On 6-1-88, 21-3-89 and 5 5-89 statement of the husband was recorded as Public Witness . 2. Thereafter, when the case was fixed for his remaining evidence, the parties filed two joint applications on 59-89, one under Order 6 Rule 17 and Section 151 of Civil Procedure Code praying that the petition for divorce filed by the husband may be treated as a petition under Section 15-B(1) of the Act, and the other under Section 13-B(2) for a decree of divorce by mutual consent.