DHARAM VIR Vs. PROMILA

JUDGEMENT

(1.) The parties have made statements in Court today to the effect that the petition he converted into one for divorce by mutual consent with effect from May 27, 1976, as observed earlier in my order, I tried my best to bring about a compromise between the parties but could not succeed. The parties in their respective statements have admitted that it is impossible for them to live together as husband and wife and that they had been living separately since September, 1973. The discussions which I had with the parties yesterday and today reveal that the differences between the parties have become so acute that it is not possible for them to live together as husband and wife. I am satisfied that the parties were not and are not incollusion with each other and the petition was filed without any inordinate delay. In the peculiar circumstances of this case, I allow the petition to be amended into one for divorce by mutual consent with effect from May 27, 1976. The petition be deemed to have been amended accordingly. Since it is not possible for the parties to live together as husband and wife and since they have been living separately for more than one year, it is in the interest of both of them that a decree for divorce by mutual consent be granted. I order accordingly.

(2.) The respondent has handed over ten gold bangles and one gold chain weighing 77 gms. to the appellant in full and final satisfaction of all the claims which he had or which he might have in future against her. Both the parties have made statements that they would not claim alimony or maintenance from each other under any circumstances whether either of them remains unemployed or unmarried. The allegations made by either of the parties against each other shall remain quashed. The judgment and the decree dated January 21, 1978, passed by the learned District Judge shall stand amended accordingly. The cross-objections filed by the respondent are also dismissed.