RAJINDER KAUR Vs. LAKHBIR SINGH

JUDGEMENT

(1.) The marriage between the parties was solemnized on 7.1.1985, but they could not live together for more than three months after the marriage.

(2.) The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act), seeking dissolution of marriage by way of decree of divorce on the ground of cruelty. The appellant-wife appeared before the learned District Judge, Patiala, through her counsel on 5.9.1987 and the case was adjourned to 12.9.1987 for reconciliation, but the appellant-wife did not appear on 12.9.1987. The Court had no alternative, but to proceed ex parte against her. The learned District Judge, Patiala, after recording ex parte evidence, passed an ex parte decree of divorce in favour of the respondent-husband.

(3.) Being aggrieved by the judgment and decree of the learned District Judge, Patiala, the appellant wife has filed the present appeal in this Court. During the pendency of the appeal, the respondent-husband got himself remarried on 2.9.1988. The appeal was fixed before the Lok Adalat in order to reconcile the differences between the parties where this fact was brought to the notice of Members presiding the said Lok Adalat. It was also pointed out at that time that as a matter of fact, the appellant-wife has also got herself remarried during the pendency of the appeal. When the appeal came up for hearing before me on 19.4.1991, Mr. R.S. Hundal, Advocate, for the appellant wife, sought time to find out as to whether the appellant-wife has got herself remarried or not. Today, Mr. Hundal has stated that the appellant-wife has got herself remarried during the pendency of the appeal and thus, the present appeal may be dismissed as having become infructuous.