SWATANTRA SINGH Vs. NEEL KAMAL SINGH

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by Smt. Kiran Aggarwal, District Judge (Forests), Shimla in HMA Case No. 9-S/3 of 1990 dated 28.6.1993 whereby the petition for dissolution of marriage by a decree of divorce filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') by the appellant (hereinafter referred to as the 'husband') against the respondent (hereinafter referred to as the 'wife') on the ground of her having treated the husband with cruelty was dismissed. The matter came up before this Court on a number of occasions and attempts were made from time to time for re-conciliation as a duty is enjoined upon the Court under Section 23 of the Act, but unfortunately for some reason or the other the appellant was not in a position to attend the Court although it was assured by his learned counsel, who appeared for him from time to time that despite his intention to attend the Court for reasons beyond his control, he had not been able to make it. The matter was finally heard on 9.8.1996 when the judgment was reserved.

(2.) PARTIES have got one daughter from this wedlock named Simrat S. Singh, who is at present aged about eight years.

(3.) ANOTHER application under Order 32 Rule 6 CPC has been filed by the wife. CMP Nos. 536 to 540 of 1996. These applications are being dealt with and the husband is permitted to carry out the proposed amendments and accordingly petition under Section 13- B(i) of the Act is ordered to be taken on record in place of the petition as originally filed before the trial Court by the husband. Now, for all intents and purposes, the proceedings as originally initiated by the husband shall be treated as being under Section 13-B(1) of the Act. Period of six months as envisaged under Section 13-B(2) of the Act is waived and the petition under Section 13-B(1) shall be taken on record. Similarly, in the facts and circumstances of the case, this Court permits the parties to compromise the proceedings in the background and facts as enumerated hereinafter in this order.