BABITA ALIAS SUSHAMA Vs. SANTOSH

JUDGEMENT

(1.) APPELLANT (wife) has directed this appeal against the judgment and the decree dated 3rd May, 2001 passed by ADJ, Shujalpur, District Shajapur in Civil Case No. 20/1999, thereby dismissing the application filed on behalf of the appellant for grant of decree of divorce against the respondent under the provisions of Section 13 of the Hindu Marriage Act.

(2.) ON appearance of respondent, on service of notice of final hearing of this appeal effort was made for reconciliation between the parties but due to the differences existing between the parties reconciliation between the parties was not possible.

(3.) DURING the pendency of this appeal, on 11. 3. 2002 both the appellant and the respondent jointly filed I. A. No. 873/2002 under Section 13-B of the Hindu Marriage Act for grant of decree of divorce on mutual consent as contemplated under Section 13-B of the Hindu Marriage Act. The facts stated in the application are verified by both the parties appearing before the Court and attested their signatures on the said applications. In view of the facts stated in the aforesaid application, it was found that the parties are living separately since long and not prepared to live together as husband and wife, they want dissolution of the marriage on consent. It emerged from the facts stated in the application that the parties are living separately since last 3 1/2 years. In view of the aforesaid facts as stated in I. A. No. 873/2002 the application deserves to be allowed.