CHANDERDEEP Vs. GAGANDEEP SINGH

JUDGEMENT

(1.) An unfortunate matrimonial dispute led the parties to litigation. The appellant-Chanderdeep, filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for seeking a decree of divorce dissolving the marriage of the parties. After contest, the petition was dismissed by the Additional District Judge, Rupnagar, vide judgment and decree dated 02.05.2011. Against the aforesaid order, the appellant has filed the present appeal.

(2.) However, during pendency of the appeal, the appellant-wife and the respondent-husband arrived at a consensus that it is not possible for them to continue with the marriage and therefore, agreed to dissolve their marriage by a decree of divorce by mutual consent. The appellant filed an application for altering the original petition, filed under Sec. 13 to a petition under Sec. 13-B of the said Act, for grant of divorce by mutual consent. Vide order dated 22.05.2012 passed by a Coordinate Bench of this Court, the original petition filed under Sec. 13 was allowed to be altered to a petition under Sec. 13-B of the Act and statements of the appellant and the respondent were recorded. The petition was adjourned to 21.08.2012, for recording second motion statements of the parties. A reference to the order dated 22.05.2012, would, therefore, be necessary:- CM No. 13467-68 II of 2012

(3.) Today, both the parties have put in appearance before this Court along with their respective counsels and have filed their separate affidavits, deposing therein that the statutory period is over, yet they have not cohabited and there is no chance of reconciliation in any manner. Affidavits filed by the parties are taken on record. Both the parties have also got recorded their statements. Statement suffered by the appellant-wife before this Court reads as under:-