MUKHTIAR SINGH Vs. GURPINDER KAUR

JUDGEMENT

(1.) Parties filed two petitions today one for granting decree of divorce under Sec. 13-B(1) of the Hindu Marriage Act on the basis of mutual consent, and another petition for immediately passing decree of divorce and relaxing the period of six months.

(2.) The facts are that the parties were married on 10.10.1982 but they could not live harmoniously and peacefully in the matrimonial home. Only for few months they lived together. On 5.10.1983 husband filed a petition under Sec. 9 of the Hindu Marriage Act. Since then they are litigating in the courts. Wife has also filed criminal complaint against the husband under Sections 498-A/494/406/109 of the Indian Penal Code. Since for the last more than 12 years they are not living together and there is no possibility of their reunion the marriage has totally broken emotionally and factually and it has become dead lock rather than wedlock. In these circumstances as the petition is not filed in collusion of the parties, obviously, they desire a decree of divorce. It will meet the ends of justice if the period of six months is relaxed in their favour and immediately decree of divorce is passed in their favour.

(3.) Their statements have been recorded. They have stated that after understanding the contents of the petition they have signed it on their free will. The husband has already paid Rs. 2 lac to the wife on account of permanent alimony. Wife has also agreed to accept this amount on account of permanent alimony. Four Fixed Deposit Receipts have been obtained in her name for different periods. She can withdraw the interest of these Fixed Deposit Receipts for her maintenance and as and when any F.D.R. matures she will be at liberty to withdraw that amount also.