CHANDER KANTA Vs. MOHINDER PARTAP DOGRA

JUDGEMENT

(1.) The marriage between the parties to the present appeal was solemnized on 19-10-1985 at Adampur Doaba, according to Hindu rites and ceremonies. They lived together at Chandigarh for 5-6 months. No child was born out of this wedlock. Mohinder Partap Dogra respondent-husband filed a petition under Section 13 of the Hindu Marriage Act 1955 (hereinafter referred to as the Act) before the learned District Judge, Chandigarh for dissolution of the marriage between the parties on the ground that the appellant-wife after the solemnization of the marriage, treated him with cruelty. The said petition of the respondent-husband was allowed by the learned Additional District Judge. Chandigarh, vide his judgment and decree dated 25-2-1997. The appellant-wife filed this appeal under Section 28 of the Act, assailing the aforesaid judgment and decree.

(2.) On the last date of hearing i.e. 12-2-2003, in the presence of the parties the matter was discussed for settlement of the case by way of grant of divorce by mutual consent. It was adjourned for today in order to reach a consensus on the amount of lump sum payment or periodic payment as the case may be to the appellant-wife.

(3.) Today, the parties have filed a joint application under Order VI, Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of the petition to convert it into a petition for divorce by mutual consent. The application is taken on record. The Registry to assign a number to the Civil Misc. for amendment. The amendment prayed for is allowed and the petition for divorce filed by the respondent-husband is converted by amendment to a petition for grant of divorce by mutual consent in terms of Section 13-B of the Act.