RAJWANT SINGH BAINS Vs. KULWANT KAUR BAINS

JUDGEMENT

(1.) This appeal has been filed by both the petitioners before the learned trial Court against the judgment and decree dated 16.12.2013 passed by the learned Additional District Judge (Adhoc), Fast Track Court, Hoshiarpur whereby their joint petition seeking dissolution of their marriage by a decree of divorce by mutual consent in terms of Section 13B of the Hindu Marriage Act, 1955 has been dismissed. The marriage between the appellants was solemnised according to Sikh rites at Mahilpur, District Hoshiarpur on 6.2.2007. After marriage, they lived and cohabited together as husband and wife at Mahilpur. From the marriage, the parties had no child. Due to temperamental differences between them, their relations became strained. They were not able to live together and have been living separately from each other. Since the marriage had irretrievably broken down, they mutually agreed that it should be dissolved by a decree of divorce by mutual consent. Accordingly, the appellants filed a joint petition in the District Court at Hoshiarpur on 8.3.2013. Their statements at the first motion were recorded on the said date. It was inter-alia stated by them that their marriage had irretrievably broken down and they had decided to dissolve the same by mutual consent. Kulwant Kaur - appellant No. 2 tendered in evidence her Special Power of Attorney dated 6.3.2013 in favour of her real brother Harpal Singh.

(2.) The case was adjourned for statutory waiting period of six months. After expiry of the period of six months, the statements of appellant No. 1 and attorney of appellant No. 2 were recorded. Both of them reiterated the desire of the parties for divorce by mutual consent. Appellant No. 1 and attorney of appellant No. 2 stated that the marriage be dissolved by a decree of divorce. The learned Additional District Judge, however, dismissed the petition on the ground that appellant No. 2 had not herself appeared before the Court to make her statement. It is only the power of attorney holder who had appeared.

(3.) Learned counsel for the appellants submits that now Kulwant Kaur - appellant No. 2 who was earlier abroad is in India and she is willing to make her statement for dissolution of the marriage between the parties by mutual consent. It is also submitted that even otherwise there is no specific bar for a party to appear through a power of attorney at the time of second motion. Besides, it is submitted that real brother of appellant No. 2 who was her attorney could have represented her (appellant No. 2) for making a statement on her behalf and there was no reason for his statement not to be accepted.