SHARANJIT KAUR Vs. DARSHAN SINGH @ GORA

JUDGEMENT

(1.) Appellant Sharanjit Kaur was married to Darshan Singh alias Gora, respondent, about nine years ago at village Sheikhu, tehsil Malout, according to Sikh rites. Two children were born out of the wed-lock a 'male child (Gurbaksh) is about 4 1/2 years of age whereas the daughter, Gurmaila, is about two years of age. The appellant-wife started staying with her parents separately from the husband since December, 1995. Respondent Darshan Singh filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights which has been decreed by the matrimonial Court at Malout vide order dated November 14, 1996, F.A.O. No. 6-M of 1997 has been filed against that order. During the pendency of the present appeal, the parties showed their desire to get divorce from each other by mutual consent under Section 13-B of the Hindu Marriage Act. An application was moved to convert the proceedings under Section 9 of the Hindu Marriage Act to one under Section 13-B of the Act for the grant of divorce by mutual consent. A joint petition under Section 13-B of the Act has also been moved. Vide separate order of even date, that application has been allowed and petition under Section 13-B has been taken on record.

(2.) Statements of the parties have been recorded. It has been, inter alia, stated by the appellants, Sharanjit Kaur that respondent Darshan Singh has created such a situation that it is impossible for her to stay with him. Despite the decree of restitution of conjugal rights, she is not going to stay with him. It has been stated in the application as well as in the statement that the compulsory waiting period under Section 13-B (2) of the Act may be reckoned from the date of the filing of the petition under Section 9 of the Act, viz, January 8, 1996. Since December, 1995 the parties are staying separately from each other and they have not cohabited. Respondent Darshan Singh has paid Rs. 20,000/- towards permanent alimony/maintenance to the appellant. She has further stated that she will have no further claim against the respondent husband against his property on any count. She has also stated that the children will remain in the custody of the respondent-husband and she would withdraw her application for maintenance filed under Section 125 Cr.P.C. before the Judicial Magistrate, Malout, and it should be deemed to have been withdrawn. The respondent-husband endorsed the statement of the appellant and prayed that the decree of divorce by mutual consent be granted,

(3.) We have heard the learned counsel for the parties and gone through their statements. We are of the view that despite the fact that out of the wed-lock, two children have been born, who are of very tender age i.e. 4 1/2 years and 2 years respectively, yet the mother has no love lost for them and she has stated that in no base she would stay with her husband despite the decree of restitution of conjugal rights and even the custody of the children, who have always receiving Rs. 20,000/-, she stated that she will have claim for permanent alimony/maintenance from her husband and would have no further claim against him or his property.