HARWINDER MANN Vs. GURPAL SINGH MANN

JUDGEMENT

(1.) This is a petition under Section 13-B of the Hindu Marriage Act, hereinafter referred to as the Act, praying for dissolution of marriage by mutual consent.

(2.) The necessary facts are that Smt. Harwinder Mann was married to Shri Gurpal Singh Mann according to Sikh rights i.e. Anand Karj Ceremonies on 31.10.1982 at Chandigarh. From this wed-lock a son was born on 5.8.1986, who is stated to be staying with his father. Since 25.5.1990 the parties have been living separately because of serious differences in their attitude and respect for matrimonial bonds. All efforts for reconciliation have failed with the passage of time. The disputes had attained new dimensions. The husband had filed a petition under Section 13(1)(a) of the Act for dissolution of marriage on the ground of cruelty. This petition was dismissed in default, then was restored and thereafter finally dismissed as withdrawn/Another round of litigation commenced between the parties where the husband filed a petition for restitution of conjugal rights on 8.3.1991. This petition was decreed by the Court vide its Judgment and decree dated 31.3.1993. Despite this decree the parties did not cohabit together even for a single day and the wife had filed F. A.O. No. 64-M of 1993 against the Judgment allowing the decree for restitution of conjugal rights.

(3.) During the pendency of this petition and even otherwise all efforts of reconciliation proved futile. Vide order dated 11.5.1999 the parties were permitted to amend the petition from a petition under Section 9 to a petition under Section 13-B(1) of the Act. The Court held as under :