VIKAS WALIA Vs. SONIA WALIA

JUDGEMENT

(1.) THIS appeal filed under Section 28 of the Hindu Marriage Act, 1955, (for brevity 'the Act'), by the husband - appellant Vikas Walia is directed against the judgment and decree dated 5.4.2004 passed by the learned District Judge, Chandigarh, dismissing his application under Section 13(1)(i -a) of the Act for dissolution of his marriage with wife -respondent, Sonia Walia. The appeal was admitted on 22.7.2004 by a Division Bench and thereafter an application bearing Civil Misc. No. 4747 -CII of 2005, was filed for placing on record a copy of the compromise dated 9.2.2005. The compromise is duly signed by the husband -appellant Vikas Walia and wife -respondent Sonia Walia. Both of them are present in the Court and their signatures have been duly identified by their learned counsel. The compromise has been witnessed by fathers of respective parties as well as other witnesses. Therefore the same is taken on record.

(2.) WHEN the matter came up for consideration on 28.2.2005, learned counsel for the parties had made a joint statement to convert the proceedings under Section 13(1)(i -a) of the Act into one under Section 13 -B of the Act for mutual divorce as the parties have been living separately since 22.5.2000. Accordingly, an application has also been filed for converting the proceedings under Section 13 -B of the Act.

(3.) IN view of the above and keeping in view the fact that the parties are living separately since 22.5.2000, the proceedings initiated by the husband -appellant under Section 13(1)(i -a) of the Act are converted into proceedings under Section 13 -B of the Act as the parties have out of their free volition agreed for divorce by mutual consent, appears that the parties are young as the marriage between them was solemnised on 23.10.1999, and therefore, it would be in the interest of both the parties to follow their respective chosen path instead of suffering in the broken matrimonial home. Accordingly, the petition under Section 13 -B of the Act is accepted. The marriage between the parties is dissolved. The status of the parties is declared to be independent of each other and they are no longer husband and wife. They are free to decide their future course of life In accordance with their own wish and desire.