SHAILENDRA KUMAR Vs. RAJ BALA KAUSHIK

JUDGEMENT

(1.) Parties were married on 1.6.1986 at Bawal District Mohindergarh according to Hindu rites. They lived together for a period of about three months in different spells at Rewari and cohabited with each other as husband and wife. Out of this wedlock, a female issue was born who is living with her mother. Some differences arose between them and they started living separately. The wife along with the child was living in her parental house. The husband filed a petition under Section 13 of the Hindu Marriage Act (for short the Act) seeking dissolution of the marriage on the ground that his wife treated him with cruelty.

(2.) On a consideration of the entire evidence led by the parties, the trial Court dismissed the petition. Feeling aggrieved with the order of dismissal, the husband filed the present first appeal in this Court which is pending.

(3.) During the pendency of this appeal, the parties have filed the present petition for dissolution of marriage under Section 13-B of the Act by a decree of divorce by mutual consent. The parties are present in person and on being asked they were catemoric in their replies that it is not possible for them to live together as husband and wife. I am satisfied that the parties have been living separately for the last several years and they have now agreed that their marriage be dissolved. The respondent has paid a sum of Rs. 50,000/- to the wife as per cheque No. 2495134 dated 14.10.1996 drawn on Canara Bank, Hailey Mandi (District Gurgaon) as permanent alimony for the wife and the child. The cheque has been cartified by the Banker as good for payment. In these circumstances, I allow this petition and grant a decree of divorce by mutual consent of both the parties. The main appeal (FAO 19-M of 1990) stands disposed of accordingly. Order accordingly.