PRITAM SINGH` Vs. HARBHAJAN KAUR

JUDGEMENT

(1.) THE appellant, Pritam Singh, was married to the respondent, Harbhajan Kaur, on June 20, 1982. As per the averments, the marriage was never consummated and, therefore, there is no issue out of the wed-lock. In fact according to the appellant, respondent never came to the matrimonial home and from day one after the marriage, she had stayed with her parents.

(2.) A petition was filed by the appellant under Section 12 of the Hindu Marriage Act (in short 'the Act') for the annulment of his marriage with respondent Harbhajan Kaur on various grounds. However, that petition was dismissed by the trial Court on October 7, 1995. The present appeal was filed against that judgment. During the pendency of the appeal, parties moved a miscellaneous application on September 12, 1996, being C.M. No. 10048-CII of 1996 to allow the amendment of the petition under Section 12 of the Act to convert the same under Section 13-B of the Act for the grant of decree of divorce by mutual consent. That application was allowed on September 13, 1996 and amended petition under Section 13-B of the Act supported by affidavits of the parties was taken on record.

(3.) IN view of what has been observed above, we are of the view that the parties to the case are entitled to the decree of divorce by mutual consent, which we hereby grant. The respondent, Harbhajan Kaur, having received Rs. 40,000/- from appellant Harbhajan Singh towards permanent alimoney would not, as per her statement, be entitled to any further maintenance or would have any claim from the appellant on any count. Civil/Criminal case that may have been filed by respondent Harbhajan Kaur against appellant Pritam Singh in different Courts would be deemed to have been withdrawn. Let decree sheet be prepared accordingly.