AMARDEEP SINGH Vs. RAJDEEP KAUR

JUDGEMENT

(1.) THE marriage between the parties was solemnized on 05.02.2012 at village Papraudi, Tehsil Samrala, District Ludhiana, as per Sikh rites, who lived together as husband and wife respectively at village Badali, Tehsil Chamkaur Sahib, District Ropar. Out of this wedlock, parties have no child. Due to temperamental differences parties could not pull on together and, therefore, they decided to live separately w.e.f. 25.02.2012 and, thereafter, they have not lived together. They filed joint petition, in terms of Section 13 -B of the Hindu Marriage Act, 1955 (for short - 'Act') on 25.04.2013, manifestly after a period of separation of more than one year. On presentation of the joint petition, statements of the parties at the first motion were recorded on 01.05.2013 and a joint petition was adjourned for 13.11.2013 for the purpose of expiry of six months period for the second motion. On 13.11.2013, only respondent, herein, appeared, but the petitioner, herein, being out of India did not appear.

(2.) HOWEVER , his attorney who is his real brother was present, but it was held by the trial Court that attorney cannot make statement on behalf of the petitioner in proceedings under Section 13 -B of the Act. To facilitate the parties to make statement at the second motion, the case was adjourned to 12.12.2013, vide impugned order dated 13.11.2013 (Annexure P -1).

(3.) LEARNED counsel for the petitioner contended that the trial Court over -looked the judgment titled Anshu Rani v. Rohit Vij, 2010 (2) RCR (Civil) 660 passed by this Court. He further contended that in view of this judgment, the attorney of the petitioner could make statement on his behalf for dissolution of his marriage with the respondent by way of mutual consent.