RAVI CHANDRA Vs. MADHU ARORA

JUDGEMENT

(1.) THE petitioner married the respondent on 26.9.1976. They were separated on 2.8.1978. The petitioner filed a petition against his wife for divorce under the provisions of the Hindu Marriage Act, 1955 (hereinafter 'the Act' for short) on the ground of adultery, desertion and cruelty. An ex -parte decree of divorce was passed on 27.9.1984. The respondent filed an application to setaside the ex -parte decree which was allowed. This order is now under challenge in this revision petition.

(2.) LEARNED counsel appearing for both the sides seek to invoke section 13 -B of the Act. Sub -section (1) of section 13 -B enables both the parties to the marriage to present a petition for dissolution of marriage on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. Sub -section (2) states that on the motion of both the parties made not earlier than six months thereafter and not later than eighteen months thereafter, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce.

(3.) I may also incidentally refer to the fact that after the ex -parte decree passed by the lower Court, the petitioner has re -married on 23.6.1985.