POONAM Vs. HARI SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Poonam to challenge the grant of divorce vide award dated July 19, 2004 pronounced by Shri V.K. Kaushal, Presiding Judge and Ms. Shalinder Kaur, Member, Lok Adalat/Samjhauta Sadan, Panchkula.

(2.) POONAM 's husband Hari Singh had originally filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") seeking divorce. This petition was filed on October 13, 2003 through Ms. Shalander Kaur and Amit Singla, Advocates. Power of attorney has also been signed by Ms. Shalander Kaur, Advocate.

(3.) WHAT is on record is an application for converting the petition from the one filed under Section 13 of the Act to a joint petition under Section 13-B of the Act for grant of divorce by mutual consent but the amended petition never came to be filed under Section 13-B of the Act. Therefore, the award has been passed on a petition under Section 13 of the Act which cannot be done.