REKHA AGAL Vs. LALIT AGAL

JUDGEMENT

(1.) APPELLANT (petitioner has directed this appeal against the judgment and decree dated 5. 7. 2000 passed by 9th Additional District Judge, Indore in Hindu Marriage Case No. 397/1998 thereby dismissing the application filed on behalf of the appellant for grant of decree of divorce against the respondent under provisions of Section 13 of the Hindu Marriage Act (for short the Act ).

(2.) ON service of notice of final hearing of this appeal on the respondent and on his appearance an effort was made to reconcile between the parties. But due to difference existing between the parties, the reconciliation was not possible.

(3.) DURING the pendency of this appeal on 16. 4. 2001, the appellant and respondent jointly filed I. A. 1366/2001 under Order 23 Rule 3, C. P. C. and Section 13 (b) of the Act and prayed for grant of decree of divorce on mutual consent as contemplated under Section 13 (b) of the Act. The statement of both the parties have been recorded on the aforesaid application and on perusal of the statements it was found that the parties are not prepared to live together as husband and wife and they war' dissolution of the marriage on consent.