DURGA DASS Vs. SWARAN KANTA

JUDGEMENT

(1.) THIS is a petition under Section 13-B of the Hindu Marriage Act praying for dissolution of marriage by a decree of divorce on the ground of mutual consent.

(2.) THE parties were married to each other on 11th April, 1986 according to Hindu rites and ceremony at Jalandhar. A male child namely Neeraj was born from this marriage. However, since 1988 the parties have been living separately and the child is being maintained by the mother. Efforts made by all concerned including reconciliation proceedings in the Court could not prove fruitful in resettling this broken matrimonial home. A petition for divorce under Section 13 of the Hindu Marriage Act was filed by the husband against the wife as back as in the year 1991. Since then they have been litigating in the Court. Vide judgment dated 9th April, 1994, the petition of the husband was dismissed by the learned Additional District Judge, Gurdaspur. It needs to be noticed that earlier the husband had obtained decree against the wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on 15th May, 1990. Despite all these nothing but more bitterness has come in this relationship between the parties.

(3.) RESULTANTLY , I am of the considered view that there is substantial compliance of the provisions of section 13-B of the Hindu Marriage Act and the parties' joint request for dissolution of their marriage on the ground of mutual consent is permissible and should be granted.