SHARANJIT SINGH Vs. SATWANT KAUR

JUDGEMENT

(1.) Sharanjit Singh was married to Satwant Kaur according to Sikh Rites at Patiala on 19.2.1992. Only for early months of their marriage they lived together and thereafter serious differences arose between the husband and wife and they started living separately from each other in September, 1992 itself. From this marriage Ms. Pawandeep Kaur was born on 17.12.1992. Thereafter the parties have never lived together. In the year 1993 itself the husband filed a petition under Section 13 of the Hindu Marriage Act, hereinafter referred to as the Act, praying for dissolution of their marriage by a decree of divorce on the ground of cruelty and desertion. This petition was dismissed by the learned Trial Court and an appeal before this Court was filed being F.A.O. No. 56-M of 1997 by the husband. Application for maintenance was also filed by the wife who is bringing up the minor children for all this time.

(2.) Reconciliation efforts failed at all levels and both the parties were insisting upon parting Company from each other for good.

(3.) On the joint request of the parties an application under Order 6, Rule 17, C.P.C. was filed to amend the original petition into a petition under Section 13-B of the Act, praying for dissolution of the marriage on the ground of mutual consent. Vide order dated 22.9.1999 the application was allowed and amendment permitted to relate back to the institution of the original petition.