VED KUMARI Vs. RAMESH CHANDER ALIAS SUBHASH

JUDGEMENT

(1.) THIS appeal by the wife Shrimati Ved Kumari is against the judgment and decree dated 31. 8. 1987 passed by the learned Additional District Judge, Bhiwani, allowing a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for restitution of conjugal rights filed by the respondent-husband.

(2.) THE parties during the pendency of this appeal have now filed C. M. No. 7889--CII of 1991 praying that their marriage be dissolved by a decree of divorce by mutual consent under Section 13-B of the Act. The statements of the parties have been recorded separately and both of them have stated that the marriage between the parties be dissolved by a decree of divorce by mutual consent as they had not been able to live together as husband and wife and that they were living separately for the last more than one year.

(3.) ON going through the judgment of the learnd Additional District Judge as also the statements of the parties made before me I am satisfied that the appellant and the respondent are living separately for the last more than one year and there is no likelihood of any reconciliation for their living together. I am also satisfied that the parties have voluntarily of their own free will decided to have a decree of divorce by mutual consent and that their marriage be dissolved by a decree of divorce. The parties have further agreed that they will not claim anything from each other after the marriage between them is dissolved by a decree of divorce by mutual consent.