DEV RAJ Vs. SARITA SEHGAL

JUDGEMENT

(1.) The appellant-Dev Raj Sehgal sought divorce from his wife Sarita Sehgal under Section 13 of the Hindu Marriage Act on various grounds, fully detailed in the order passed by the Matrimonial Court. His petition was, however, dismissed by the District Judge, Ambala on April 6, 1987. Being aggrieved, the appellant filed an appeal against the judgment and decree passed by the District Judge, Ambala, which came to be disposed of by learned Single Judge of this Court on September 6, 1994. Vide order passed on the said date, appeal filed by Shri Dev Raj Sehgal was dismissed. Still being aggrieved, appellant filed the present Letters Patent Appeal in this Court under clause (x) of the Letters Patent.

(2.) During the pendency of the appeal, parties to this matrimonial dispute tendered a compromise having been arrived at between them which was taken on records and marked 'x'. The appeal was adjourned to August 25, 1995. On the said date, however, the matter had to be adjourned for September 18, 1995, on which date two applications were filed by the parties, one under Section 151 C.P.C. for dispensing with the requirement of six months period for dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act and the other also under Section 151 C.P.C. for conversion of the divorce petition filed by Dev Raj Sehgal into a petition for divorce under Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent. By our separate orders recorded today, both these applicants have been allowed and statements of the parties have been recorded.

(3.) The parties to the matrimonial dispute have clearly stated that on account of basic differences in their temperament, there are no chances of their living together and reconciling the simmering disputes that they have for the last about a decade. They have also that stated they have settled all the disputes and shall be bound by the terms of compromise Mark 'x'. They have, in the ultimate analysis, prayed to dissolve the marriage by a decree of divorce by mutual consent.