MANJU SINGH Vs. AJAY BIR SINGH

JUDGEMENT

(1.) The petitioner, Suit. Manju Singh was married to the respondent Ajay Bir Singh on 21st January, 1979 at Village and P.O. Chautala, District Sirsa, Haryana. The respondent-husband filed a petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act') for a decree of divorce on the ground that after the solemnisation of marriage the wife treated the husband with cruelty. The wife was served with the summons of the divorce petition for 11th September, 1984. It was submitted on her behalf that she was in advanced stage of pregnancy residing at Village Chautala and was not in a position to undertake Journey and be persent in court. It was requested that a date for reconciliation before the filing of the written statement after about 1 months be given. The request was refused by the trial court and the following order was passed on 11th Steptamber, 1984:-

(2.) Learned counsel for the petitioner submits that the petitioner delivered a female child on 18th September, 1984, and to avoid any confrontation between the parties, to reconcile and save the marriage, a request was made on her behalf to the trial court to make an attempt for reconciliation before filing the written statement but it was turned down. He submits that filing of the written statement was not necessary when the petitioner was ready and willing to reconcile with the respondent.

(3.) The short question in this revision is about the scope of the provisions of relating to reconciliation proceedings under the Act. Section 23(2) of the Act reads as under :