JAGJIT SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) JAGJIT Singh had filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 with a prayer that his marriage with Smt. Jasbir Kaur be ordered to be dissolved by a decree of divorce on the ground of cruelty and desertion. The said petition was dismissed by the judgment dated 2.12.1993 passed by the learned Additional District Judge, Patiala, which was assailed in the present appeal.

(2.) DURING the pendency of the appeal, the appellant filed an application under Order 6 Rule 17 CPC for converting the original petition for divorce under section 13-B of the Hindu Marriage Act and praying for a decree of divorce on the mutual consent, as agreed between the parties. The said application was allowed by the court 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 date of filing of the original petition. On 24th September, 1998, statements of the parties were recorded. In their statements they clearly stated that their marriage had irretrievably broken down and there was no chance of reconciliation. Various efforts of reconciliation failed and the parties have no compatibility. For the reasons recorded in their statements, they had agreed to settle the matter under the provisions of section 13-B of the Hindu Marriage Act and various terms and conditions were stated in the application. The husband had paid a sum of Rs. 2.5 lakh to the wife towards permanent alimony and all other claims of the wife and the daughter. The amount of the minor daughter had been agreed to be kept in Fixed Deposit Receipt for the benefit of the minor. Statement of the wife was also record, who prayed for decree of divorce on the same grounds and basis.

(3.) IN view of the facts and circumstances of this case and keeping in view the statements of the parties, it is clear that the marriage between the parties has irretrievably broken down and there is no use of reconciliation and their marriage should be dissolved on the ground of mutual consent. The substantial compliance of the provisions of section 13-B of the Act has been made, inasmuch as, the parties have been in Court since February, 1987 and all efforts made by the court and otherwise for reconciliation have failed.