NACHHATTAR SINGH Vs. HARCHARAN KAUR

JUDGEMENT

(1.) A petition under S.13B of the Hindu Marriage Act, 1955, (hereinafter called 'the Act') for dissolution of marriage by a decree of divorce was presented by Nachhattar Singh and his wife Harcharan Kaur together on the ground that they have mutually agreed that the marriage should be dissolved. This petition was filed on July 24, 1984. The trial Court adjourned the petition to Jan. 28, 1985. in view of sub-sec.(2) of S.13B of the Act which envisages that the marriage can be dissolved in such proceedings not earlier than six months and not later than eighteen months after the date of the presentation of the petition. On Jan. 28, 1985 the case was adjourned to Feb. 6, 1985. On the adjourned date of hearing i.e. on Feb. 6, 1985 the wife Harcharan Kaur made a statement that the petition be filed. Consequent upon this statement the trial Court dismissed the petition on the ground that one of the parties is not willing to the dissolution of marriage by mutual consent. The husband Nachhattar Singh has filed the present appeal against this order.

(2.) The impugned order suffers from legal infirmity and is, therefore, unsustainable. Sub-sec. (2) of S.13B of the Act is in the following terms :-

(3.) For aforesaid reasons, this appeal is allowed, the impugned order of the trial Court is set aside and the case is sent back to the trial Court to make inquiry envisaged by sub-sec.(2) of S.13B of the Act and then decide the petition for divorce by mutual consent in accordance with law. The parties have been directed to appear before the trial Court on Oct. 7, 1985. The records be sent to the trial Court immediately. Appeal allowed.