SURINDERJIT SINGH Vs. GURDEEP KAUR

JUDGEMENT

(1.) Appellant Surinderjit Singh had filed a petition under Section 13 of the Hindu Marriage Act (hereinafter called the Act) in the year 1984, seeking divorce from his wife on various allegations, which are not necessary to be stated here. Suffice it to mention that the marriage between the parties took place on 7th March, 1982 and out of the wedlock no issue is surviving. After appreciating the evidence on record, the petition for divorce was dismissed vide judgment of the trial Court dated 14th August, 1986. Dissatisfied with the judgment, husband filed the present appeal.

(2.) I had summoned the parties to make efforts to amicably settle the dispute. Both the parties are present in Court today. From the attitude of the parties, I was of the opinion that no compromise was possible. The parties stated that they would like to have divorce by mutual consent. Two applications have been made in this Court, one for amendment of the petition so as to convert the same into one under Section 13-B of the Act for grant of divorce by mutual consent and the second one is for waiving off the six months' waiting period as required under Section 13-B (2) of the Act.

(3.) 1 have also recorded the statements of the parties separately. The husband has stated that because of difference in temperaments, they have not been able to lead a happy married life and they are not staying together for the last more than six years. It has further been stated that he was ready to give Rs. 25,000/- in lumpsum to the respondent-wife and thereafter she should not claim anything from him. It was still further stated that divorce by mutual consent be granted. The wife also made statement that on the terms offered by the husband, divorce by mutual consent be granted.