SANTOSH Vs. RAM NIWAS

JUDGEMENT

(1.) This appeal was filed by the wife against the judgment and decree dated 4.6.2010 whereby her petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') on the ground of cruelty and desertion, was dismissed by the Additional District Judge, Jind.

(2.) During the pendency of the appeal, the matter was referred to Mediation and Conciliation Centre. Thereupon, on 4.3.2011 both the parties had arrived at a settlement, according to which they had agreed to dissolve the marriage by mutual consent by filing petition under Section 13-B of the Act. According to the said settlement, an application for amendment of divorce petition was filed under Order 6 Rule 17 CPC before this Court for converting the petition of dissolution of marriage under Section 13-B of the Act by a decree of divorce by mutual consent. The said application was allowed on 18.8.2011. Thereafter, the original petition filed under Section 13 of the Act was converted into a petition under Section 13-B of the Act.

(3.) The statements of the parties were recorded and the case was adjourned for second motion.