SATINDER KUMAR Vs. SUNITA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 14.8.2003 whereby a petition under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act") filed by the appellant against the respondent was dismissed by the Additional District Judge, Amritsar.

(2.) THE appeal was admitted for final hearing on 15.4.2004. During the pendency of the appeal, the parties filed Civil Misc. No. 22086/C.II of 2005 under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of the divorce petition and converting the same into a petition under Section 13-B of the Act. A joint petition under Section 13-B of the Act duly signed by the parties and their respective counsel has also been filed along with the application.

(3.) BOTH of them have stated that they were married on 28.3.1993 and are living separately for the last more than 11 years and there was no chance of their living together. They have filed petition under Section 13-B of the Act without any coercion or pressure and have now decided to get the marriage dissolved by a decree of divorce by mutual consent. Both of them have further stated that joint petition under Section 13-B of the Act and the affidavits appended therewith bear their signatures. It is further clear from their statements that it has been agreed between the parties that the appellant will pay a sum of rupees four lacs to the respondent towards maintenance for herself and the minor daughter. The respondent in her statement has further stated that she has already received a sum of rupees three lacs from the appellant and has also received a sum of rupees one lac in Court today. The respondent has also stated that the amount received by her is on account of full and final settlement for the past, present and future maintenance and she shall not demand any further amount from the appellant. Both of them have categorically stated that they had no objection if the marriage between them is dissolved by a decree of divorce by mutual consent.