DILBAG SINGH Vs. MEENA

JUDGEMENT

(1.) It is an unfortunate matrimonial litigation where the parties are in Court since 1993. Dilbagh Singh instituted a petition under Section 13 of the Hindu Marriage Act praying for a decree of divorce dissolving the marriage between himself and his wife Smt. Meena. The said petition was dismissed vide judgment and decree dated 22nd March, 1996, against which the present appeal was preferred.

(2.) Before the learned Trial Court as well as before this Court, reconciliation proceedings proved futile. The parties continue to live apart.

(3.) During the pendency of the appeal in this Court an application under Order 6, Rule 17 of C.P.C. was filed by the appellant, which was not opposed and keeping in view the facts and circumstances of this case, the application for amendment was allowed on 23rd November, 1998 and the amended petition under Section 13-B of the Hindu Marriage Act was permitted to be taken on record. The amendment was permitted to relate back to the filing of the original petition. Statements of the parties were recorded on 7th October, 1998 and 23rd November, 1998 where the parties admitted that they have filed the joint petition under Section 13-B of the Hindu Marriage Act and the same was signed by them respectively at marks 'A' and 'B' of the said petition, which was marked 'X' for the purpose of identification. In their statements, the parties have stated that their marriage has irretrievably broken down. It is not possible for them to live together as husband and wife. All attempts of reconciliation have miserably failed. The parties stated that have considered the matter during the pendency of the appeal on various occasions but they have decided to part the company of each other on the ground of divorce by mutual consent. In terms of the agreement between the parties, a sum of Rs. 1,20,000/- was paid to the wife in full and final settlement of all the claims and thereupon she was not to have any claim over the properties of her husband or his parents. All the criminal or civil litigation was deemed to have been withdrawn or dismissed for non-prosecution.