VIJAY KUMAR Vs. SURINDER KAUR @ SUNITA

JUDGEMENT

(1.) THIS Appeal has been preferred by the husband against the judgment and decree dated 10.1.2006 passed by the Additional District Judge, Jalandhar, dismissing the Petition under Section 13 of the Hindu Marriage Act, 1955 (hereafter referred to as "the Act") for dissolution of marriage by a decree of divorce. While this appeal was taken up on 10.8.2007, parties made an application i.e. CM No. 13318-CII/2007 seeking leave of the Court for conversion of Petition under Section 13 of the Act into the one under Section 13-B of the Act, and prayed for mutual divorce. They also filed written agreement to give effect to the mutual divorce. Vide separate order dated 10.8.2007, CM No. 13318-CII of 2007 was allowed and the Petition under Section 13 of the Act was treated as a Petition under Section 13-B of the Act. Statements of the parties were also recorded on the same date. Both the parties made a statement that they are living separately for the last six years, and there is no scope for reconciliation. Even permanent alimony stands paid.

(2.) THE matter was posted for today to consider whether the statutory period of six months for giving effect to the request of the parties for mutual dissolution of marriage by a decree of divorce can and should be condoned or not. Parties have brought to the notice of this Court two reported judgments passed by two Co-ordinate Benches of this Court in the cases of Mona Jain v. Sanjeev Jain, 1995(2) RRR 5 : 1995(2) PLR 568 and Niranjan Kumar v. Veena Rani, 1995(2) RRR 354 : 1995(2) PLR 200. In the aforesaid judgments, it has been ruled that where a marriage is broken down irretrievably, statutory period of six months can be waived off.

(3.) FROM the statements of the parties made before me, it is evident that the parties are residing separately for the last about six years. Both the parties are young. Some criminal cases are also pending, besides a petition before the competent court for appointment of guardian and custody for the minor child. It appears that there is no chance of reconciliation as the parties have gone too far and even involved themselves into criminal litigation. Thus, it appears that the marriage has broken down irretrievably. It will not serve any purpose if they are kept under bond or marriage for another six months. Under the given facts and circumstances, the statutory period or six months for giving effect to the intention of the parties for a mutual divorce is dispensed with.