PUNIT KAUR Vs. PREM SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India challenging the legality, correctness and validity of an order passed on 30th august, 2003 by the Presiding Judge (Lok Adalat), Bilaspur, in HMA Petition No. 14 of 2003. By the impugned order the learned Court below has, by dissolving the marriage between the petitioner and the respondent, passed a decree of divorce based on consent in terms of Section 13-B of the Hindu Marriage Act, 1955.

(2.) Parties were married in 1989. After May, 1998 the parties had not been carrying on well with each other. Whereas the petitioner Punit Kaur at one point of time had filed a petition for divorce against the respondent, the respondent Prem Singh had filed a separate case against the petitioner for restitution of conjugal rights. Subsequently both the aforesaid parties withdrew both the aforesaid cases and they, together on 4th January, 2003 filed a joint petition for dissolution of marriage by a decree of divorce based on consent of the parties in terms of Section 13-B of the Hindu Marriage Act. In this joint petition both the parties had stated that even though they were married in July, 1989, their marriage had broken down and they had decided to dissolve their marriage by mutual consent. It was stated in this petition that since 1998 the parties had been living separately. In support of this joint petition for divorce by mutual consent, on 4th January, 2003 itself the statements of both the parties were recorded by the learned Court below. In their statements (recorded on 4th January, 2003) both the parties had stated that their marriage had broken down and that they had been living separately since 20-5-2003 and that there was no possibility of any reconciliation between the parties. The parties, therefore, had decided to dissolve their marriage by obtaining a decree of divorce based on mutual consent. Vide order dated 4th January, 2003 itself the parties were given time by the Court to reconsider the matter and the petition was adjourned to 10th July, 2003.

(3.) It is in the aforesaid background that the petition came up before the Presiding Officer, Lok Adalat on 30th August, 2003 undoubtedly after a gap of more than six months of the date of presentation of the petition jointly filed by both the parties. The learned Court below in the course of the order passed on 30th August, 2003, made the following observations :-