PREMNARAYAN Vs. MANORAMA

JUDGEMENT

(1.) - The judgment shall also govern the disposal of F.A. No. 99 of 85 (Smt. Manorama Vs. Premnarayan Panchal) as both these appeals are directed against the same judgment dated 25th Sept., 1985 passed by the Additional Distt. Judge. Mhow in Hindu Marriage Case No. 29 oft 84, whereby he has dismissed the application filed by the parties under Sec. 13-B of the said Act for dissolution of their marriage by mutual consent.

(2.) Facts giving rise to these appeals being not in dispute, may be stated. in brief. Thus the parties are Hundus. They were married on 30.5.1974 at Mhow in accordance with the customary rites of marriage under the Hindu Law. Out of their wedlock a female child, namely Priti was born, who is in the custody of the mother.

(3.) After leading the married life for some time both the husband and wife are having divergent thinking with the result that they cannot live together amicably as husband and wife. They are living separate from each other from 4.9.1977 and were not having any marital relations since then. They, therefore, did not wish to live together as husband and wife. They, therefore, filed a joint application dated 21.12.1984 seeking divorce by mutual consent wherein they averred that the said application has been filed voluntarily, without any undue influence collusion or any fraud as such practised on them.