SURINDER KAUR Vs. AMARJIT SINGH

JUDGEMENT

(1.) Appellant Surinder Kaur had filed a petition under Section 13 of the Hindu Marriage Act at Ludhiana which was dismissed. This is first Appeal against the judgment and decree of the trial Court. The Appeal was admitted and today fixed befoe this Bench for final arguments when Civil Misc. No. 3644/C.II of 1991 was jointly filed by the parties, under Order 6, Rule 17 of the Code of Civil Procedure for treating the petition originally filed under Section 13 of the Act to one under Section 13-B. Statements of the parties have been recorded. Both the appellant and the respondent have prayed for treating the petition under Section 13 to the one under Section 13-B of the Act. Accordingly, Civil Misc. No. 3644/C.II of 1991 is allowed as prayed.

(2.) Since in their statements made in Court today, the parties have expressed their desire to secure a decree of divorce by mutual consent, this order will dispose of the appeal as well.

(3.) From the statements of the parties, I am quite satisfied that they have been living separately for the last 13 years and have not been able to live together. It is also not possible for them to live together even today. They have been left with no claim whatsoever against each other. There is no issue from their wedlock and they have withdrawn all allegations levelled against each other. In these circumstances, it will be futile to let a period of six months pass before passing the decree of divorce as provided under Section 13-B (ii) of the Act. The judgment and decree passed by the District Judge, Ludhiana on 15.6.1985 is set aside, the petition under Section 13-B for dissolution of marriage by way of mutual consent is allowed. Accordingly, a decree for divorce by mutual consent is passed and the marriage between the parties is dissolved.