GURPINDER KAUR SAHSI Vs. RAVINDER SINGH SAHSI

JUDGEMENT

(1.) THIS appeal has been filed by the wife against the decree for divorce by mutual consent under Section 13-B of the Hindu Marriage Act (hereinafter referred to as the Act), passed by the learned trial Court.

(2.) THE facts, relevant for the decision of the present appeal, are that on 1-10-2002, Gurpinder Kaur Sahsi (wife) and Ravinder Singh Sahsi (husband) filed a joint petition under Section 13-B of the Act, seeking dissolution of marriage by a decree of divorce by mutual consent. On 1-10-2002, the petition was adjourned to 5-4-2003 for recording the statements of the parties. Meanwhile, a joint application was filed by the parties for taking up the file and to condone the period of 6 months and to decide the petition earlier. Thereupon, the learned trial court took up the main petition by preponing the date and after dispensing with the statutory requirement of the waiting period of 6 months, the learned trial Court, after recording the statements of the parties, accepted the petition and passed the decree for divorce by mutual consent under Section 13-B of the Act, vide judgment and decree dated 24-10-2002. Aggrieved against the same, Gurpinder kaur Sahsi (wife) filed the present appeal in this Court.

(3.) NOTICE of motion was ordered to be issued to the respondent. The records were also ordered to be summoned and the same were duly received and perused. Vide order dated 26-10-2004, while adjourning the case for arguments, it was directed that the appeal shall be disposed of at the motion stage itself.