NARESH KUMAR Vs. SARLA

JUDGEMENT

(1.) THE husband (appellant herein) filed petition under Section 13 of the Hindu Marriage Act (for short the Act) against wife seeking divorce on the ground of cruelty and desertion. It was claimed in the petition that the marriage between the parties took place on 21. 6. 1963. Parties to the marriage have been living separately since July, 1986 and the present application for dissolution of marriage was filed on 19. 8. 1988.

(2.) DURING the pendency of the petition before the Additional District Judge, Gurgaon, a compromise was arrived at between the parties which was reduced into writing and in the said compromise the parties decided to seek divorce my mutual consent. The said compromise was placed on record as Ex. P. 1. In the compromise, a sum of Rs. 21,000/- was paid to the wife in full and final settlement of her claim. She also undertook not to claim any maintenance or any amount, towards dowry, permanent alimony etc. etc. It appears that this compromise was not pressed during the pendency of the petition. The learned Additional District Judge, Gurgaon, dismissed the petition. The husband has impugned the decree dismissing his petition under Section 13 of the Act by way of this appeal.

(3.) COUNSEL for the parties have made a prayer that the parties have agreed to get the marriage dissolved by mutual consent under Section 13 (B) of the Act. They further pray that the petition under Section 13 of the Act be converted into the one under Section 13 (B) of the Act. They also pray that six months' period as provided in Sub-section (2) of Section 13 (B) of the Act, may be waived.