DEEPAK KUMAR BHARATDWAJ Vs. SEEMA BHARATDWAJ

JUDGEMENT

(1.) THIS appeal is directed against the Order dated 2.7.1999 in Matrimonial Case No. 52A/1996 filed by the petitioner/appellant under section 13 of the Hindu Marriage Act (hereafter referred to as the 'Act' for short), praying for a decree of divorce.

(2.) THE essential facts, leading to the present appeal, are that the petitioner appellant is the husband of the defendant respondent. The plaintiff husband filed a petition under section 13 of the Act praying for a decree for dissolution of marriage and divorce. During the pendency of the said application, a petition under section 13 B of the Act was filed praying for decree for divorce by consent.

(3.) THE learned counsel for the appellant submits that the impugned order has been passed in great haste without affording the parties due opportunity to represent their case under section 13 of the 'Act' and adequate opportunity for adducing evidence has not been granted to him. It has been submitted that on 2.7.1999 when the impugned order was passed, the matter essentially for consideration before the trial Court was the petition under section 13B of the 'Act'. Since the petitioner plaintiff was not willing for consent decree, and his witnesses were not ready on that date, he should have been afforded at least one opportunity to produce his witnesses.