VED PARKASH Vs. MANJU

JUDGEMENT

(1.) IN this application, prayer made is for conversion of petition under Section 13 to one under Section 13-B(1) of Hindu Marriage Act for dissolution of marriage with mutual consent and for grant of a decree of divorce.

(2.) MARRIAGE between the parties was solemnised in New Delhi on 11.3.1986 according to Hindu rites and ceremonies. After marriage, parties lived together as husband and wife for about one year and out of the said wedlock, one boy was born on 18.12.1986. The name of the boy is Akhilesh and he is in custody of respondent, Smt. Manju. On 9.6.1987, husband (appellant herein) filed petition under Section 13 of the Hindu Marriage Act for divorce. This petition was dismissed by the learned Additional District Judge on 1.8.1988. Thereafter, present appeal was filed and the same is lying pending decision. It has now been contended that since 1987 the parties have been living separately and have not been able to reconcile the matter between themselves. It is further contended that more than 10 years have passed and the matrimonial life between them has become virtually dead and thus there is no hope of reconciliation. It is further contended that the following terms and conditions have been settled between the parties :-