SMT. KULJUT KAUR Vs. HARJIT SINGH

JUDGEMENT

(1.) The wife filed an application under Sec. 13 of the Hindu Marriage Act, 1955 (for short the Act) against the husband. The divorce was sought on the ground of cruelty. The learned District Judge, Chandigarh, vide his judgment dated June 3, 1988, dismissed the application. During the pendency of the appeal, the parties agreed to dissolve their marriage by mutual consent. An amended petition under Sec. 13-B of the Act has been filed. A formal application (Civil Misc. No. 2288/CII of 1989) under Order 6 Rule 17 of the Civil Procedure Code, has been tiled and I allow the same.

(2.) It is not disputed that the parties are living apart for the last more than four years. The marriage is irretrievably broken as has been suggested by the learned counsel for the parties. I tried to pursuade the parties to desist from dissolving their marriage by mutual consent as they are young but the wife in unequivocal terms stated that it will not be possible for her to live with the husband-respondent. It appears that there is no chance of amicable settlement between the parties. They are young and it is possible they may be able to rehabilitate themselves. It will be in the interest of both the parties, if their marriage is dissolved by mutual consent. All the allegations made in the original petition by the wife against her husband shall stand withdrawn and the petition which has been adjudicated upon is the one which has been filed under Sec. 13-B of the Act. Anything said by the learned District Judge with regard to the pleas of the wife in the unamended petition will stand overruled. I am satisfied that in the circumstances of the present case, the provision of sub-section (2) of Sec. 13-B of the Act be waived and I accordingly waive it.

(3.) The parties have one daughter aged six years. The wife has categorically stated in her statement that she will bring her up according to the traditions of the family, educate her and properly settle her in life. She will not claim any maintenance for her and also herself. The husband will not make any claim under the Guardian and Wards Act for the custody of the minor child. The marriage between the parties is dissolved under Sec. 13-B of the Act, with no order as to costs. Orders accordingly.