KEERTI KARAN DHARNI Vs. MADHU MEETA DHARNI

JUDGEMENT

(1.) APPELLANT Keerti Karan Dharni had filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) at Chandigarh which was dismissed. First appeal against the judgment and decree is fixed before me for arguments. Civil miscellaneous application was jointly filed by the parties under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure (for short the Code) for treating the petition originally filed under Section 13 of the Act, as petition under Section 13-B of the Act. Statements of parties have also been recorded. Both the appellant and the respondent have prayed for treating the petition under Section 13 of the Act as petition under Section 13-B of the Act. Accordingly, civil miscellaneous application stands allowed vide my separate order of date.

(2.) SINCE the parties have made statements in Court today and according to the statements, have expressed their desire to secure decree of divorce for dissolution of marriage by mutual consent. This order will dispose of the appeal as well.

(3.) FROM the statements of the parties, I am satisfied that they are living separately for the last eight years and have not been able to live together. . . It is also not possible for them to live together even in future. They have no issue from the marriage. They have been left with no claim whatsoever against each other and have also agreed to withdraw litigation pending against each other. They have also prayed that FIR No. 8 of 4. 1. 1986, P. S. East, Chandigarh besides a criminal complaint No. 60 of 1992 pending in the Court of Shri G. S. Matharu, Judicial Magistrate 1st Class, Chandigarh, be quashed. Both the parties have given a statement that they they would not initiate any proceedings i. e. criminal, civil or any other type against each other and they shall abide by their statements given in Court today.