MADAN LAL MINOCHA Vs. NIRMAL KANTA ALIAS LALIT

JUDGEMENT

(1.) Madan Lal Minocha, appellant in L.P.A. No. 730 of 1984, had filed a petition under section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), which was allowed by the Addl. District Judge, Jalandhar. The respondent wife filed an F.A.O. in this Court which was allowed by an Hon'ble Single Judge of this Court on April 30, 1984.

(2.) Feeling aggrieved by the decision of the Hon'ble Single Judge in the F.A.O. the appellant filed the present L.P.A. During the pendency of the L.P.A. the parties have agreed to obtain a decree of divorce by mutual consent i.e. under section 13-B of the Act, in view of their having been living separately for a period of ten years.

(3.) The appellant has filed a civil misc. No. 8750 of 1989 with a prayer that the original petition (No. 88 of 1980) filed by him in the Court of the District Judge, Jalandhar, may be treated as petition under Section 13-B of the Act. This request has not been objected to by the respondent-wife and the parties have jointly moved an application for this purpose.