KULWINDER SINGH Vs. PINKY DEVI

JUDGEMENT

(1.) A matrimonial dispute led to the filing of a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act') by the appellant-Kulwinder Singh, seeking a decree of divorce from the respondent. Such petition was dismissed by the Additional District Judge, S.A.S. Nagar vide judgment dated 12.08.2010. The present appeal is directed against the aforementioned order.

(2.) During the pendency of the appeal, the appellant-husband and the respondent-wife arrived at a consensus that it was not possible for them to continue with the wedlock and accordingly, agreed to dissolve their marriage by a decree of divorce by mutual consent. The appellant filed an application for altering the original petition filed under Section 13 of the Act to a petition under Section 13-B of the Act for grant of divorce by mutual consent.

(3.) Vide order dated 27.07.2012 passed by a Coordinate Bench, the original petition filed under Section 13 of the Act was allowed to be altered to a petition under Section 13-B of the Act and the statements of the appellant and the respondent were recorded.