RAJINDER SINGH VIRK Vs. HARJIT KAUR BOPARAI

JUDGEMENT

(1.) A typed copy of the paper book of F. A. O. 71-M of 1995, Rajinder Singh Virk v. Smt. Harjit Kaur Boparai, has been made available by the learned Counsel for the appellant, Mr. K. G. Chaudhary/ Advocate, as the original paper book is stated to have been destroyed in fire. Mr. G. S. Punia, learned Counsel for the respondent has no objection to this paper book being treated as the original paper book on reconstruction. In the situation paper book made available by the learned Counsel is ordered to be treated as the original paper book on reconstruction.

(2.) CIVIL Misc. 573-CII of 1996, has been moved by the appellant under Order 6 Rule 17 of the Code of Civil Procedure for permission to amend the petition under Section 13 of the Hindu Marriage Act into one under Section 13-B of the Hindu Marriage Act as amended. Petition under Section 13-B has been filed alongwith the application, which is not only signed by the appellant but also signed by the respondent-wife. Mr. Punia has no objection to the grant of the amendment. Civil misc. is consequently allowed.

(3.) AFTER going through the petition and the statements of the parties, I am satisfied that the parties have not lived together as husband and wife during the last more than a year and they have not been able to live together during the last about four years and it is not possible for them to live together. As regards the request for condoning the period of six months as contemplated by Section 13-B (2), I am of the opinion that this period deserves to be condoned as the parties are living separately for the last more than four years and the petition for divorce was presented in the Trial Court as far back as on 21. 1. 1992. So ordered.