BRIJ MOHAN Vs. SUNITA

JUDGEMENT

(1.) Appellant Brij Mohan husband (hereinafter referred to as "the appellant") filed a petition under Section 13 of the Hindu Marriage Act, on the ground of cruelty and desertion. The petition was dismissed by the matrimonial Court, Ambala, on November 27, 1991.

(2.) Today, in Court, an application under Order 6 Rule 17 of the Civil Procedure Code was presented, in which separate orders have been passed seeking to amend the petition for divorce under Section 13 to be treated as a petition under Section 13-B of the Hindu Marriage Act. for dissolution of marriage by way of mutual consent as the marriage has become irretrievable between the parties.

(3.) Separate statements of the parties have been recorded in support of the application under Section 13-B of the Hindu Marriage Act, for mutual divorce. I am satisfied from the circumstances explained in the application that the marriage between the parties has become irretrievable and, therefore, it would be in the interest of justice if the marriage between the parties is dissolved by mutual consent, the same having been become irretrievable. The respondent-wife has been given a draft in the sum of Rs. 60,000/- in full and final settlement of all claims by her own and on behalf of her daughter, by way of maintenance and dowry. The parties have been living separately for the last more than four year. Petition for divorce was filed in August, 1988. Ever since, they have been living separately. Accordingly, the petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent is allowed and decree of divorce declaring the marriage to be dissolved with effect from the date of decree is granted. No order as to costs.