HARCHARAN KAUR Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) This first appeal has been filed by Smt. Harcharan Kaur wife of Nachhattar Singh against the decree of divorce granted in favour of husband NaChhattar Singh under Sub-Sec. (2) of S.13B of the Hindu Marriage Act, 1955, by the learned Additional Senior Subordinate Judge, Jagraon, on 17th December, 1985.

(2.) Briefly stated, on 26h June, 1970, Nachhattar Singh son of Chanan Singh, resident of village Sudhar, Tehsil Jagraon, District Ludhiana, married Smt. Harcharan Kaur daughter of Nahar Singh, of village Raowal, Tehsil Jagraon, District Ludhiana, by solemnising the marriage by performing Anand Karj ceremony in village Raowal. The parties lived together for about thirteen years as husband and wife and out of this wedlock two children were born - son Hardeep Singh aged about 12 years and daughter Mandeep Kaur aged about 4 years.

(3.) In December, 1982, relations between the husband and wife got strained and they started living separately with effect from January, 1983. Having lived separately for about one and a half years, they agreed to have their marriage dissolved by mutual consent, as a result where of a petition under S.13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), for dissolution of marriage by a decree of divorce was presented by husband Nachhattar Singh and wife Harcharan Kaur together. The petition filed on 23rd July, 1984, came up before the Court for recording the statements of the parties on 24th July, I984. After recording the statements of both the parties on the said date, the petition was adjourned to 28th January, 1985, to comply with the statutory requirement laid down in Sub-Sec. (2) of S.13-B of the Act, that is, the marriage can be dissolved not earlier than six months after the date of presentation of the petition.