ANITA RANI Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Respondent-Ashwani Kumar had filed a petition against his wife Anita Rani in the Court of the Additional District Judge, Kapurthala, on September 8, 1994 under Section 9 of the Hindu Marriage Act (hereinafter called 'the Act') for restitution of conjugal rights. On the other hand, the wife, Anita Rani, had filed an application under Section 125 of the Code of Criminal Procedure before the Judicial Magistrate 1st Class, Hoshiarpur, for claiming maintenance from the husband. The wife moved the application - C.M. No. 1385-CII of 1995 in this Court under Section 24 of the Code of Civil Procedure for transferring the proceedings under Section 9 of the Act from Kapurthala to Hoshiarpur. Notice of this application was given to the respondent-husband.

(2.) During the course of argument, the parties desired that they may be granted divorce by mutual consent under Section 13-B of the Act as it was a case of a broken marriage and there does not seem to be any possibility or chance of reconciliation between the parties. Consequently, a joint application was moved by the parties under Section 13-B of the Act. A separate application has been made that the period spent in pursuing the application under Section 9 of the Act, which was filed on September 8, 1994, be treated as the waiting period under Section 13-B(2) of the Act. Statements of the parties have been recorded. It has been averred by them that they were married according to the Vedic rites on May 22, 1993, and no child has been born out of the wedlock. Since they were temperamentally incompatible to each other and because of some misunderstandings, it had become impossible for them to continue living as husband and wife in the matrimonial home, so they started living separately w.e.f. December 20, 1993. Since then they are living separately and there is no possibility of any reconciliation as all efforts in that regard have failed. It has further been stated that the wife would not claim any maintenance/alimony from the husband nor any dowry article is recoverable from the husband. It was further stated that the joint application for the grant of divorce by mutual consent had been made of their free will without any pressure or coercion. Wife had also stated that her application under Section 125 of the Code of Criminal Procedure be treated as withdrawn.

(3.) After hearing the learned counsel for the parties and going through the statements of the parties, I am of the view that it is a case of broken marriage and from the attitude of the parties, it seems that there is no possibility of reconciliation. The parties have been living separately since December 20, 1993, and there has been no reconciliation. The husband is aged about 28 years whereas the wife is aged about 26 years. No child has been born out of the wed-lock. Taking into consideration all the facts mentioned above and the statements of the parties, I am of the view that it will be in the interest of parties if they are granted decree of divorce by mutual consent. They are young persons and there is a possibility that they may get remarried. The wife has agreed that she would not claim any maintenance/alimony from the husband and nothing is recoverable towards the dowry items etc. The parties are living separately since December 29, 1993. The period spent in pursuing the application under Section 9 of the Act, which was filed on September 8, 1994, till date is treated as the compulsory waiting period as required under Section 13-B(2) of the Act.