RENUKA Vs. ASHU MONGIA

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) is for grant of a decree of divorce by mutual consent.

(2.) The parties were married on 22/5/2002 but on account of differences, they had levelled allegations against each other, which led to filing of various cases, including a petition for divorce, filed by Mrs. Renuka. The petition was dismissed by Additional District Judge, Yamuna Nagar on 28/4/2012 against which the wife has filed the appeal. The petition under Sec. 9 of the Act filed by the respondent-wife seeking restitution of conjugal rights, clubbed together with the divorce petition, was also dismissed by a common order.

(3.) During pendency of the appeal, the appellant filed Civil Misc. No. 23923-CII of 2013 for altering the original petition filed under Sec. 13 of the Act, to a petition under Sec. 13-B of the Act. Parties also filed separate affidavits in support of the said application. Vide order dtd. 27/5/2013, the application was allowed and the petition filed under Sec. 13-B of the Act was taken on record. Statements of the parties, in first motion, were recorded separately on 27/5/2013 which read as follows:-