PURAN SINGH Vs. BHATERI

JUDGEMENT

(1.) Puran Singh-appellant filed a petition under Section 13 of the Hindu Marriage Act, seeking divorce on the ground of cruelty and desertion. The petition was contested by the wife and the learned Additional Sessions Judge, Narnaul, vide order dated 28.1.1988, was pleased to dismisses the same.

(2.) Being aggrieved by the order of learned Additional Sessions Judge, the present appeal has been filed by the husband In the Lok Adalat held on 6.4.1991, a settlement has been arrived at between the parties and in the said settlement, they have agreed that the petition under Section 13 be converted into petition under Section 13 B of the Act. It has been further agreed by the husband that he shall pay a sum of Rs. 40,000/- to the wife as compensation.

(3.) Both the parties with their Counsel are present today. After hearing the parties and the counsel. I am satisfied that the petition under Section 13 of the Act should be converted into Petition under Section 13-B of the Act, as the parties to the marriage have been living separately since February 1983. They have not been able to live together and they have mutually agreed that the marriage should be dissolved. The divorce petition was filed in October 1987 and thus, there is no impediment under sub-section 13-B(1) for dissolving the marriage by mutual divorce under section 13-B of the Act. Since the parties have not been able to live together for more than one year and they have mutually agreed to dissolve the marriage by mutual consent, I hereby convert petition under Section 13 into petition under Section 13-B of the Act.