SHER SINGH Vs. BIMLA

JUDGEMENT

(1.) THE marriage between the parties, namely, Sher Singh and Bimla was solemnized at Narnaul on November 18, 1980.After their marriage, the parties lived together till January 1983. Differences arose between the parties and as a consequence thereof they have been living apart since February 1983. No child was born from this marriage.

(2.) THE husband Sher Singh then filed a petition for divorce under Section 13 of the Hindu Marriage Act on the ground of cruelty and dissertion. During the pendency of this petition, the wife filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance which is pending in the Court of the Chief Judicial Magistrate, Narnaul. The petition for divorce filed by the husband was dismissed and the present is an appeal filed against that order.

(3.) DURING the pendency of this appeal, after obtaining the leave of the Court, the parties have filed an application under Section 13 -B of the Hindu Marriage act for dissolution of their marriage by mutual consent. It has been recited in this application that the parties have agreed that they cannot live together and have consequently decided to ask for a decree for divorce by mutual consent. Further, it has been stated that the wife has agreed to withdraw her petition for maintenance under Section 125 of the Code of Criminal Procedure on receipt by her a sum of Rs. 10,000 paid to her by bank -draft.