KIRITBHAI GIRDHARBHAI PATEL Vs. PRAFULABEN KIRITBHAI PATEL

JUDGEMENT

(1.) In this appeal under Sec. 28 of the Hindu Marriage Act, 1955 ('Act' for short), the appellant/original petitioner No. 1-husband, has questioned the legality and validity of dismissal of the petition for divorce by mutual consent, under Sec. 13B(1) of the Act by the learned City Civil Court Judge, on 22-4-1992. in Hindu Marriage Petition No. 34 of 1992. In view of the peculiar circumstances of the case, this matter was fixed urgently for final hearing.

(2.) A few material facts leading to the rise of the present appeal, may be, shortly, stated at the outset.

(3.) The appellant is the original petitioner No. 1-husband and the respondent, herein, is the original petitioner No. 2-wife, who preferred a joint petition under Sec. 13B(1) of the Act for divorce by mutual consent, contending that (a) they have been living separately for a period of more than one year and (b) they have not been able to live together, and (c) they have mutually agreed that marriage should be dissolved.