VIKAL KULSHRESHTHA Vs. RUCHIKA

JUDGEMENT

(1.) DELAY condonation application no. 8392 of 2010, is allowed. Delay of 17 days in filing the appeal is condoned.

(2.) HEARD .

(3.) BRIEF facls of the case are that appellant (husband) and the respondent (wife) v 3re in litigation. The wife had filed a criminal case no. 5308 of 2007, against the appellant under section 498A, 323, 504, and 506 IPC, and one punishable under section 3/4 of Dowry Prohibition Act, 1961, which was pending before Judicial Magistrate, (C.B.I) Dehradun. Challenging prosecution, ap­pellant filed criminal miscellaneous ap­plication no. 426 of 20Q7, under section 482 Cr.P.C., before this Court which was allowed vide this Court's order dated 21.08.2007, on the ground that the parties to the matrimony have en­tered into compromise. The plea-of the appellant is that after the criminal pro­ceedings were quashed as per the terms of the compromise, husband and wife had to file the joint petition for divorce under section 13B of Hindu Marriage Act, 1955. However, according to the appellant, wife did not agree to move such petition, consequently, the appel­lant filed a petition for divorce under section 13(1)(a) of the Act. During pendency of said petition an application 57C was moved by the appellant re­questing the trial court to treat the peti­tion under section 13B of the Act. The trial court rejected the application on the ground that the petition under section 13(1)(a) of the Act, cannot be treated a joint petition unless the respondent agrees to it.