NUTAN SEKHRI Vs. KRISHAN KUMAR SEKHRI

JUDGEMENT

(1.) The husband filed a petition for divorce against his wife under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) on the ground of cruelty. The petition was contested by the wife. Additional District Judge, Chandigarh accepted the petition and passed a decree of divorce in favour of the husband and against the wife. Being aggrieved of the judgment and decree, wife has filed the present appeal in this Court.

(2.) In Lok Adalat held on April 27, 1991, an effort was made for reconciliation but parties were not willing to patch up their differences. Parties to the marriage have agreed that the marriage be dissolved by mutual consent under Section 13-B of the Act by converting the petition filed under Section 13 of the Act into one under Section 13-B of the Act.

(3.) Marriage between the parties took place on 9.12.1982 and a male child was born out of wedlock on 8.9.1984. The child is staying with the wife. Parties to the marriage are living separately since 1984 and there is no chance of any reconciliation between them. Since the petition was filed on 13.1.1986 there is no impediment under Section 13-B of the Act to convert the petition under Section 13-B of the Act. I, therefore, convert the petition under Section 13 of the Act into one under Section 13-B of the Act.