MAKHAN SINGH Vs. BALJINDER KAUR

JUDGEMENT

(1.) The paper-book of the case was not put up by the office. However, two photocopies of the complete paper-book have been furnished by the counsel for the appellant, which are taken on record.

(2.) Appellant, Makhan Singh, was married to respondent-Baljinder Kaur on February 6, 1992. There is no issue out of the wedlock. On September 3, 1993, a joint application was moved before the District Judge Patiala by the parties under Section 13-B of the Hindu Marriage Act for grant of decree of divorce by mutual consent. The case was adjourned to March 7, 1994, on which date, learned counsel for the respondent made a statement on her behalf. Since the wife did not make a statement in the court in support of the joint petition for the grant of decree of divorce, the application under Section 13-B of the Act could not proceed and, therefore, the trial Court dismissed the same vide the impugned order dated March 7, 1994. This led the appellant, Makhan Singh, to file the present appeal. Both the parties are present. They have made statements now in Court that the matter stands settled between the parties and since they are temperamently incompatible, it is not possible for them to continue as husband and wife and as such a decree of divorce by mutual consent may be granted and the time spent since the filing of the application under Section 13-B of the Act before the District Judge may be reckoned towards the compulsory waiting period under Section 13-B(2) of the Act.

(3.) In view of the statements of the parties, we are of the view that it is a case of broken marriage and the parties are unable to continue as husband and wife. They are young. Husband is about 22 years of age, whereas the wife is about 20 years old. There are chances that they can remarry. Consequently, we are of the opinion that a decree of divorce be granted to them by mutual consent under Section 13-B of the Act. The time spent in persuing the application under Section 13 of the Act is reckoned towards the compulsory waiting period under Section 13-B(2) of the Act.