RANI @ RANO Vs. SUNEHRA RAM @ SUNEHRA SINGH

JUDGEMENT

(1.) Appellant-wife filed a petition u/s 13 of the Hindu Marriage Act against the husband, the respondent herein for dissolution of their marriage by a decree of divorce. The petition was dismissed and therefore, the present appeal has been filed by the wife. The appellant-wife also moved Civil Misc. 3053/C.II of 1996, under Order 6 Rule 17 of the Code of Civil Procedure for amendment of her petition u/s 13 of the Act. Along with the application, amended petition was also filed. Civil Misc. has been allowed and the amended petition jointly made by the parties has been taken on record which is duly signed by the parties and their respective counsel. Accordingly, statements of the parties have been recorded and placed on record separately. The respondent stated that he was married with the appellant in the year 1990 according to Hindu rites and no child was born from this wedlock. He further stated that hckand his wife have mutually agreed to dissolve the marriage by a decree of divorce by mutual consent and that they have been living separately for the last about three years and have never lived together during this period and that it was not possible for them to live together. He also stated that petition dated 14.3.1996 bears his thumb impression and it is also signed by his counsel. The appellant wife also made statement on the same lines and stated that petition dated 14.3.1995 bears her thumb impression and it is also signed by her counsel and that she has decided to dissolve her marriage with her husband Sunehra by mutual consent by a decree of divorce. She further stated that she has no issue from this wedlock and they have been living separately during the last about three years and it is not possible for her to live together with the husband.

(2.) On a consideration of the matter and having regard to the fact that the parties have been living separately for the last about three years, I am satisfied that the parties have decided to dissolve the marriage by a decree of divorce by mutual consent and that there is no chance of reconciliation and it is not possible for them to live together as husband and wife. No useful purpose would be served by keeping the petition for divorce by mutual consent pending for a period of six months and the interest of justice requires that marriage between the parties be dissolved by a decree of divorce by mutual consent by waiving the period of six months.

(3.) Thus having regard to the totality of in the facts and circumstances of the case, petition u/s 13-B of the Hindu Marriage Act is allowed and the marriage between the parties is dissolved by a decree of divorce by mutual consent by waiving the period of six months. The wife will have no further claim against the husband.