NAYANKUMAR Vs. KARUNA

JUDGEMENT

(1.) UNSUCCESSFUL appellant/petitioner has directed this appeal against the judgment dated 23rd September, 1997 rendered by IX ADJ, Indore in Hindu Marriage Case No. 50/96, thereby dismissing the petition filed by the appellant/petitioner for grant of decree of divorce against the respondent on the grounds mentioned under Section 13b of the Hindu Marriage Act, 1955 (for short 'the Act' ).

(2.) THE facts not in dispute are that the parties are Hindus and they are husband and wife. Their marriage was solemnized on 15. 6. 1994 at Indore under the Hindu Customs and Religions. The appellant and respondent after their marriage lived together at Indore as husband and wife but due to some differences, parties are living separately since 15th December, 1994. The appellant has filed petition before the Trial Court for grant of decree under Section 13b of the Act on the grounds of cruelty and adultery. The petition was contested on behalf of the respondent. Learned ADJ, on evaluating the evidence adduced by the parties, dismissed the petition filed by the appellant. Aggrieved, the appellant has filed this appeal under Section 28 of the Act.

(3.) DURING pendency of this appeal in this Court, both the parties on 2. 12. 1998 filed I. A. No. 6229/98 under Section 13b of the Act and prayed for passing a decree of divorce by mutual consent. The application was directed to be listed for consideration after the expiry of six months' period as required under Section 13b of the Act. After expiry of the said period parties have filed IA No. 3010/99 on 1. 7. 1999, application in continuation of the previous application under Section 13b of the Act. Both the aforesaid applications have been considered together and the statements of the parties are also recorded.