SIKANDER Vs. MAMTA

JUDGEMENT

(1.) The parties, though arrayed as appellant and respondent, both challenge order dated 27.02.2015, passed by the District Judge, Chandigarh, dismissing their joint petition, filed under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), for grant of a decree of divorce by mutual consent.

(2.) Counsel for the appellant submits that though it is true that at the stage of second motion the appellant did state that parties have been living apart "since last February", but this inadvertent error, should have been disregarded particularly when parties had categorically averred in the petition, filed under Section 13-B and in statements recorded at first motion that they have been living separately since March, 2013. Counsel for the appellant further submits that the appellant was perplexed at the stage of making of statement at the second motion and, therefore, made this wrong statement.

(3.) Counsel for the respondent states that the respondent-wife does not contest the correctness of the statement made by counsel for the appellant but only prays that instead of remitting the matter, it may be finally decided by this Court by recording statements of parties from the stage of second motion.