RAJESH KUMAR Vs. ANURADHA THAKUR

JUDGEMENT

(1.) This is an appeal preferred by the husband against the judgment dated 14.12.2002 passed by Addl. District Judge, Chandigarh by dint of which his petition under Sec. 13 of the Hindu Marriage Act (for brevity 'the Act') for divorce has been dismissed.

(2.) In response to the notice of motion, respondent i.e. wife has appeared through her counsel. Both the parties have moved an application for conversion of the instant appeal to one under Sec. 13B of the Act, for grant of divorce by mutual consent. Registry is directed to number the same. The parties have also annexed a petition under Sec. 13B of the Act.

(3.) From the above facts, it appears that both the parties have amicably settled the matrimonial dispute and are willing to apart each other. Furthermore, considering the fact that the parties are litigating since 2001 and that no useful purpose will be served nor it will be in the interest of the parties that they should wait for another six months, their prayer for conversion of the instant appeal to one under Sec. 13B of the Act is allowed and the statutory period of 6 months is also waived off The parties through their counsel are directed to appear before the court of Permanent Lok Adliat, High Court Complex, Chandigarh, on 1.5.2007 which shall further proceed with the matter and pass necessary order in accordance with law, without insisting upon the parties to wait for further six months.