LALITA RANI Vs. VINOD KUMAR

JUDGEMENT

(1.) Statements of the parties to this litigation have been recorded and placed on the record. Appellant as also the respondent have prayed that petition under section 13 of the Hindu Marriage Act filed by the appellant be converted into a petition under section 13-B of the Act for divorce by mutual consent. On the joint request of the parties, I allow the prayer and treat the original petition as a petition under section 13-B of the Act.

(2.) After going through the statements of the appellant and the respondent, I am satisfied that the parties are living separately for the last more than nine years and they have not been able to live together during this period. No child was born out of the wedlock. There is no chance for them to live together and thus, in my view it is fit case where marriage between the parties be dissolved and a decree of divorce by the mutual consent is passed by waiving off the statutory period of six months. I am also satisfied that there is no collusion between the parties in seeking divorce by mutual consent. In view of the peculiar facts and circumstances of this case, I waive off the period of six months having regard to the fact that petition for divorce was filed way back in the year 1987 and the parties have not lived together thereafter till now. Appellant has given up all her claims regarding maintenance, permanent alimony and articles of dowry. In the circumstances, I allow the petition under section 13-B of the Act and dissolve the marriage between parties by a decree of divorce by mutual consent. The appeal has been rendered infructuous and is dismissed as such. Ordered Accordingly.