JAGSIR SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) Smt. Paramjit Kaur respondent filed a petition Under Section 13 of the Hindu Marriage Act, 1955, against her husband Shri Jagsir Singh on the ground of cruelty, enlisting various allegations against her husband, fully enumerated in the main petition itself and these allegations were categorically denied and refuted by the appellant Shri Jagsir Singh. After a full length trial, the Additional District Judge, Barnala, vide judgment and decree dated 9th October, 1995 granted a decree of divorce on the ground of cruelty in favour of Smt. Paramjit Kaur. Aggrieved by the judgment and decree passed by the learned Additional District Judge, Shri Jagsir Singh filed F.A.O. N0. 168-M of 1995. Smt. Paramjit Kaur also filed an application Under Section 24 of the Hindu Marriage Act, claiming maintenance pendente lite and litigation expenses. She was awarded litigation expenses to the extent of Rs. 1,500/- besides Rs. 250/- per month as maintenance from the date of the application. Shri Jagsir Singh filed Civil Misc. No. 2201-M of 1997 pleading inter alia that his wife Smt. Paramjit Kaur had since remarried herself with one Pritam Singh son of Mela Singh on 23rd November, 1995 and a female child was also born out of this wedlock and in these circumstances she was not entitled to any maintenance pendente lite. This part of the assertion of Shri Jagsir Singh was denied by his wife Smt. Paramjit Kaur and in her reply she averred that she was never married to Pritam Singh and she did not give birth to any female child.

(2.) During the course of proceedings a suggestion was thrown to the parties to reconcile their differences but Smt. Paramjit Kaur was adamant that she did not want to live in the house of her husband Shri Jagsir Singh. During the course of reconciliation proceedings we were convinced that marriage between the parties had irretrievably broken and no useful purpose was likely to be served with the continuance of such marriage. In this eventuality both the parties agreed that the petition Under Section 13 of the Hinds Marriage Act. filed by Smt. Paramjit Kaur, may be converted into a petition Under Section 13-B of the said Act. After ascertaining the wishes of both the parties, we granted permission to the parties to convert the petition Under Section 13 of the Hindu Marriage Act to Under Section 13-B of the said Act. In this case the marriage between the parties was solemnised in June 1999 and they are residing separately since 1993 and they have not cohabited with each other and they have not sunk their differences, nor there are any chances of any reconciliation as Smt. Paramjit Kaur in no eventuality is interested to live in the house of her husband. We also reckon the compulsory waiting period of six months required Under Section 13-B(2) of the Act from the date of filing of the petition Under Section 13 of the Hindu Marriage Act. Statement of Smt. Paramjit Kaur has been separately recorded in which she has stated that she is living in the house of her parents and she had not resided with the appellant. She has also stated in her statement that she would not claim any past or future maintenance from her husband Shri Jagsir Singh, nor she would claim any right, title or interest in the property of the appellant. It has also been stated by her that she would withdraw her complaint pending in the Court of Judicial Magistrate, 1st Class, Barnala, and she has no objection if the petition filed by her Under Section 13 of the Hindu Marriage Act is converted into Under Section 13-B of the said Act. She has Stated that a decree of divorce Under Section 13-B of the Hindu Marriage Act, 1955, may be passed by dissolving the marriage between the parties by way of mutual consent. She has withdrawn her allegations of alleged cruelty vis-a-vis the appellant Shri Jagsir Singh, who has also admitted the statement of his wife Smt. Paramjit Kaur as correct and has no objection to the grant of the decree of divorce Under Section 13-B of the Hindu Marriage Act.

(3.) In view of the above, we allow the prayer of the parties to the grant of decree of divorce by mutual consent Under Section 13-B of the Hindu Marriage Act. We further order that the allegations of cruelty will be deemed to have been withdrawn by Smt. Paramjit, qua her husband Shri Jagsir Singh appellant. As the marriage between the parties had already broken down irretrievably and there are no chances of reconciliation, therefore, we pass a decree of divorce by way of mutual consent Under Section 13-B, Hindu Marriage Act, 1955, and dissolve the marriage between the parties forthwith. Respondent Smt. Paramjit Kaur shall be bound by her statement which she has made before us during the course of these proceedings. Directions are also given to the Judicial Magistrate, 1st Class, Barnala, to dismiss the complaint of Smt. Paramjit Kaur in the light of her statement made above.