JATINDER SINGH Vs. SONIA

JUDGEMENT

(1.) SHRI Jatinder Singh filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage which was solemnised with Sonia on the ground of special mental cruelty. The petition was contested by the wife. The petition of the husband was dismissed with costs. Being aggrieved husband Jatinder Singh preferred the present appeal against the judgment of the Additional District Judge, Chandigarh dated 10. 10. 1995. There is no dispute to the fact that the parties were married on 22. 2. 1992 at Amritsar as per Sikh rites. The parties lived together for a short time. In the year 1993 the petition for divorce was filed. On 6. 2. 1998 during reconciliation proceedings both the parties to this appeal had made statements that their marriage should be dissolved by a decree of divorce on mutual consent. Terms and conditions agreed between the parties were duly recorded in their statements on 6. 2. 1998. Time was granted to the parties to take steps in accordance with law in that behalf and to reconsider the matter from all aspects.

(2.) AN application under Order 6 Rule 17 CPC was filed being CM. No. 3062-Cll of 1998 praying that the original petition be ordered to be amended and converted into a petition under Section 13-B of the Hindu Marriage Act. This application was allowed by order of the Court dated 28. 4. 1998 directing that the amendment shall relate back to the filing of the petition. On 28. 4. 1998 again statements of the parties were recorded on oath. The parties reconsidered their decision to dissolve the marriage and rule out the possibility of any reconciliation. They further make specific request to the Court that their marriage has broken down irretrievably. There is no compatibility between them and there is no chance of their living together even again as husband and wife. They further made statement that they never lived together since 1993 till today.

(3.) THIS statement was accepted by the wife and relevant" portion of the statement of wife reads as under :