LAWS(P&H)-2009-4-144

HARJIT SINGH Vs. HAPNINDER KAUR

Decided On April 23, 2009
HARJIT SINGH Appellant
V/S
Hapninder Kaur Respondents

JUDGEMENT

(1.) THE following facts are apparent from the record:- The partied filed a plea under Section 13-B of the Hindu Marriage Act (hereinafter referred to as the Act ), for the grant of a decree of divorce by mutual consent, in the Court of the learned District Judge, Ludhiana. The statement of the parties at the time of first motion were recorded on 30.5.2006 (Annexure P-2). The statements, at the time second motion, were recorded on 5.6.2007 (Annexure P-6). In the meantime, the wife had filed an application (Annexure P-4) for being allowed to withdraw her consent. The averment, in the context, was that her consent for the purpose of aforementioned had been obtained by fraud. She withdrew that statement by making the following statement on 5.6.2007 (Annexure P-5) in the presence of her learned counsel:-

(2.) INSPITE thereof, the learned District Judge, Ludhiana, did not proceed to pass an order, in the context of the joint plea filed by the parties in accordance with law.

(3.) IN the course of the status report, the learned District Judge, Ludhiana has conceded that respondent had withdrawn the application (Annexure P-4) on 5.6.2007. He has further pointed out that on 16.7.200, respondent-Hapninder Kaur had filed yet another application for the grant of more time for disposal of the petition. Reply to that application was filed on 7.8.2007. Further, on 23.10.2007, the respondent-Hapninder Kaur yet another application for withdrawal of consent. The District Judge further indicates in the course of the status report that he has framed the following issues on 26.3.2009 and the matter had been adjourned to 8.4.2009 for recording the evidence of the petitioner:-