DHARMENDER SINGH Vs. RAJA BALA

JUDGEMENT

(1.) DHARMENDER Singh, the appellant herein filed a petition under Section 13 of the Hindu Marriage Act (for short the Act) against his wife Raj Bala, the present respondent for dissolution of marriage by a decree of divorce, primarily on the ground that the respondent is guilty of causing mental cruelty to him. The petition was, however, dismissed by the Additional District Judge, Sirsa by judgment and decree dated 1.2.2001. Aggrieved by the said judgment and decree, the appellant-husband has preferred the present appeal, which was admitted to regular hearing on 8.3.2001.

(2.) DURING the pendency of the appeal, it seems that a sort of amicable settlement was arrived at between the parties and they decided to part with the company of each other for all times to come. Accordingly, the present Civil Misc. Application No. 11812/C.II of 2004 has been moved on behalf of the appellant with a prayer that petition under Section 13 of the Act for the grant of decree of divorce may be converted to that of a petition under Section 13-B of the Act, for dissolution of marriage by a decree of divorce by mutual consent. It is averred in the application that with the intervention of the Panchayat, a compromise has been arrived at between the parties and the parties have mutually agreed to part with the company of each other. It is further averred in the application that the respondent-wife has already got an amount of Rs. 4,30,000/- from the appellant-husband as permanent alimony under one-time settlement and she has further agreed to not to claim any maintenance allowance from the appellant in future. It is further stated in the application that proceedings initiated by the respondent under Section 498-A of the Indian Penal Code pending in the Court of Judicial Magistrate Ist Class, Sirsa have already been withdrawn by her on 27.9.2003. A petition under Section 13-B of the Act duly signed by both the parties has also been filed along with the application.

(3.) IN Smt. Chander Kanta v. Mohinder Partap Dogra, 2003(3) RCR(Civil) 72, Balwinder Singh v. Raj Rani, 2000(3) RCR(Civil) 399 (P&H) : 2001(2) Civil Court Cases 705 (P&H), Ved Parkash v. Manju, 1998(3) RCR(Civil) 44 and Suresh Chand v. Kusum alias Sushma, 1998(1) RCR(Civil) 543, it has been held that the statutory period of six months after notice for grant of decree of divorce under Section 13-B of the Act can be dispensed with if the circumstances so warrant and where consent of the parties has not been obtained by fraud, force or undue influence. It has further been held that the period of six months can be dispensed with also in cases where the parties are litigating for a considerable long time.