AMARDEEP KAUR Vs. PARAMJIT SINGH CHOHAN

JUDGEMENT

(1.) MS . Amardeep Kaur wife of Mr. Paramjit Singh Chohan, filed petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce against her husband. Mr. Paramjit Singh Chohan on 15th January, 1991 later on registered as Case No. 7 -T under the Hindu Marriage Act, 1955, on 26th February, 1990. The learned Additional District Judge, Patiala, vide his judgment dated 29 -5 -91, dismissed the petition by holding that no ground has been made by the petitioner so as to grant her the decree of divorce as prayed for. Against this judgment, Ms. Amardeep Kaur filed First Appeal from order No. 40 -M of 1992, mainly on the ground that as there was ample evidence on the record to prove that the appellant had been treated with cruelty by her husband -respondent, the learned Additional District Judge should have accepted the petition and granted the decree of divorce.

(2.) DURING the pendency of the appeal, that a compromise had been arrived at between the parties and permission was sought for filing the petition under Section 13B of the Hindu Marriage Act for dissolving their marriage by mutual consent. In view of the written compromise, duly signed by the parties, filed in the Court, along with the receipt dated 1st October, 1992, the permission was granted. The compromise -deed and the aforesaid receipt are reproduced below : - -

(3.) ON the last date of hearing Mr. Surjit Singh, brother and attorney of petitioner No. 2 Paramjit Singh Chohan, was directed to file an affidavit in support of the joint application, in order to make sure that he was living in United States of America and whether he was signing of his own free will to the dissolution of marriage by filing the joint application Under Section 13B of the Hindu Marriage Act. An affidavit sworn before the Notary Public has been filed in the Court in support of the application.