MANJIT SINGH Vs. SWARANJIT KAUR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Additional District Judge Ludhiana whereby petition filed by the husband under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) has been dismissed.

(2.) Marriage between the parties was solemnised according to Anand Karaj ceremony on 18.1.1987 at Nabha. After the marriage, the parties co-habited as husband and wife at Samrala District Ludhiana and two children were born out of the wed-lock. Both the children are residing with Swaranjit Kaur, wife of the appellant. Appellant alleged in his petition under Section 13 of the Act that he is entitled to a decree of divorce on the ground of cruelty and adultery on the part of the respondent. The Additional District Judge, Ludhiana dismissed the petition. Hence the present appeal.

(3.) During the pendency of appeal, parties have decided to get divorce by mutual consent and to achieve this purpose, they have filed civil Misc. No. 5102-CII of 1997 under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code for amendment and conversion of divorce petition to be one under Section 13-B of the Act for a decree of divorce by mutual consent. The application is signed by the appellant as well as by the respondent and their respective counsel. Having regard to the circumstances set out in the application, prayer made is allowed and the petition under Section 13 of the Act is ordered to be converted into one under Section 13-B of the Act. The amended petition is, taken on record.