GURJIT KAUR Vs. NICHHATTAR SINGH

JUDGEMENT

(1.) The appeal here arises from a petition for divorce filed by the wife Gurjit Kaur under Section 13 of the Hindu Marriage Act, 1955 on the ground of desertion and cruelty. The trial court came to the finding that she had failed to establish either cruelty or desertion and the decree prayed for was thus denied.

(2.) In appeal here, parties have filed an application for amendment of the petition which was not opposed and by the amended application, they seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 .

(3.) It has come on record that the parties were married on May 27, 1979 and they have been living apart since 1981. No child was born from this marriage Efforts, it appears, were made by some respectable to bring about reconciliation between the parties, but this did not succeed. Both the parties appeared in this Court and have made statements mentioning therein that it is not possible for them to live together and they consequently prayed that they may be granted a decree for divorce by mutual consent.