RAGHUBIR SINGH Vs. SMT. SARABJIT KAUR

JUDGEMENT

(1.) This revision petition is directed against the order of the learned District Judge, Hoshiarpur, dated 12.8.1991.

(2.) The facts of the case giving rise to the filing of the present revision petition are that the respondent -wife filed a petition under Sec. 9 of the Hindu Marriage Act (for short 'the Act') on 24.1.1991. When the petition for restitution of conjugal rights was pending before the matrimonial court and the matter was at the reconciliation stage, both the parties prayed the court that they were prepared to have a divorce on the basis of mutual consent. On their request, the petition under Sec. 9 of the Act was converted into a petition under Sec. 13B of the Act on 22.4.1991. The case was adjourned to 29.7.1991. When the case came up for hearing, the petitioner expressed his desire to have divorce on the basis of mutual consent but the wife did not agree to it and consequently her original petition under Sec. 9 of the Act was revived and the same has been ordered to be heard on merits. The husband has come up in revision petition.

(3.) Mr. Anupam Gupta, learned Counsel for the petitioner -husband has argued that once the petition under Sec. 9 of the Act was converted into a petition under Sec. 13B of the Act, the respondent wife by refusing to give her consent cannot have her original petition revived. The argument is not acceptable. Even if the original petition under Sec. 13B of the Act had been filed by both the parties, they still had the option to resile before the expiry of the period laid down in Sec. 13B of the Act. The wife resiled and, therefore, the necessary consequence would be that the petition filed by her has got to be revived by the court. No other view, in my considered opinion, is possible. The petition is, therefore, found to be devoid of merit and the same is consequently ordered to be dismissed with no order as to costs.