JAYSHREE RAMESH LONDHE Vs. RAMESH BHIKAJI LONDHE

JUDGEMENT

(1.) This is an appeal filed by the wife against the dismissal of the petition filed by her against the respondent (the husband) under section 13-B of the Hindu Marriage Act for getting a divorce by mutual consent.

(2.) The marriage between the parties took place on 12-3-1981. It appears that they lived together till 24th June, 1981. The wife thereafter filed Hindu Marriage Petition No. 59 of 1982 against the husband for divorce. Divorce was claimed on many grounds including that of cruelty. Of course, there was also an alternative prayer for judicial separation. There is no dispute that on 12-7-1982 the said petition was withdrawn by the wife. In the application for withdrawal it is stated that she may be permitted to withdraw the petition with liberty to file separate petition for divorce by mutual consent. The Advocate for the husband made an endorsement of no objection. The Court thereafter passed formal order about the withdrawal of the petition.

(3.) On the very day, i.e. on 12-7-1982, both the parties (viz., the husband and the wife) filed another application viz., Hindu Marriage Petition No. 91 of 1982, under section 13-B. This appeal arises out of the decision in that petition. In the petition the husband and the wife made the following relevant averments---