INDERJI KAUR ALIAS TARLOCHAN KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) A petition under Section 13 of the Hindu Marriage Article 1955, has been filed by the appellant -petitioner Smt. Inderjit Kaur alias Tarlochan Kaur wife of Mohinder Singh son of Niranjan Singh for seeking dissolution of the marriage performed with Shri Mohinder Singh son of Niranjan Singh i.e., respondent. The marriage was solemnised at village Balakipur Tehsil and District Nawanshahr in accordance with Sikh marriage rites. The marriage was solemnised about 15 -16 years prior to the filing of the petition. After the marriage, both the spouses lived together at the village of the husband and i.e., village Theh -Barnala District Hoshiarpur. The marriage was duly consummated but no child was bom out of this wedlock. Some differences arose between the spouses after about six years from the marriage and perhaps the reason was that the wife could not conceive a child. Both the spouses fell out and the wife left the matrimonial home and started staying with her parents.

(2.) THE dissolution of marriage was sought on various grounds as set out in the petition, oral and documentary evidence was led. The learned Additional District Judge, Nawanshahar, was not convinced and the petition was resultantly dismissed vide order dated December 13, 2000. The appellant being dissatisfied filed the present appeal. During the pendency of the appeal both the spouses agreed to suffer a consented divorce. Resultantly, a petition under Section 13 -B of the Hindu Marriage Act, 1956, has been filed. Both the spouses presented joint petition annexing a compromise and subsequently the wife placed on record affidavit dated March 11, 2002 in support of the aforesaid petition. Similarly, the husband placed on record an affidavit dated April 10, 2002 in support of the aforesaid petition while appearing as his own witness.

(3.) IN view of the above, I am of the considered opinion that it shall be in the interest of both the spouses that the marriage solemnised be annulled by way of accepting the petition under Section 13 -B of the Act as aforesaid and condoning the period of six months for which it is required to be adjourned statutorily. Accordingly, the period of six months for which the petition is required to be adjourned is condoned.