NISHA CHANDRASHEKHAR KHOBRAGADE Vs. CHANDRASHEKHAR GOPICHAND KHOBRAGADE

JUDGEMENT

(1.) This revision application is directed against the order passed by the trial Court, refusing to record a compromise between the parties because it did not come within the provisions of section 13-B of the Hindu Marriage Act.

(2.) The present applicant-wife had filed a petition under section 13(1)(i)(a) of the Hindu Marriage Act for a decree of divorce on the ground of cruelty. The husband-present respondent also filed a petition under section 13(1) of the Hindu Marriage Act for a decree of divorce on the ground that the wife had treated him with cruelty.

(3.) On 12th March, 1986, the parties filed an application stating that without going into the correctness or otherwise of the allegations made by either of them, it was evident that the marriage had irretrievably broken down and they cannot live under one roof and so the marriage should be dissolved by a decree of divorce. Without prejudice to the wifes claim for alimony pendente lite or permanent, the trial Court held that the application was not one which could be entertained under section 13-B of the Hindu Marriage Act and rejected the application.