SURJIT KUMAR Vs. KUSUM SHARMA

JUDGEMENT

(1.) This revision petition is directed against the order dated 25th July, 1998 passed by the Additional District Judge, Jalandhar by which he adjourned the petition under Section 13 of the Hindu Marriage Act (for short the 'Act') for dissolution of the marriage of the petitioner with Kusum Sharma sine die.

(2.) The circumstances in which the impugned order was passed are not in dispute. In a previous litigation between the parties which started on 18th July, 1985 a petition of Surjit Kumar petitioner for restitution of conjugal rights was allowed by the Sub-Judge, 1st Class, Jalandhar on 23rd December, 1992 and against this judgment and decree First Appeal from Order No. 25/M of 1994 was filed. Since the operation of the decree was not stayed by this Court at the time of admission, Surjit Kumar moved a petition under Section 13 of the Act on 24th January, 1994 for the grant of decree of divorce as the decree for restitution of conjugal rights had not been complied with. In the petition for divorce, the parties concluded their evidence on 23rd February, 1998 and thereafter the case was fixed for arguments. It remained listed for arguments till 13th May, 1998 and was listed for orders on 15th May, 1998. On that date, the Court again reopened the arguments and adjourned the case for 22nd May, 1998 for obtaining assistance regarding the effect of the pendency of the First Appeal from Order in the case under Section 9 of the Act. On 22nd May, 1998, again the arguments were not concluded, instead the impugned order was passed.

(3.) I have considered the arguments advanced by the learned Counsel for the parties and have also gone through the records of First Appeal from Order No. 25-M of 1994.