MINERVA SINGH Vs. RAMVIR

JUDGEMENT

(1.) The instant appeal is directed by the aggrieved, respondent, in HMA No. 5-S/3 of 2016/14, whereon the learned District Judge, had, rendered a verdict in the affirmative, vis-a-vis, the petitioner therein, and, had hence dissolved the marriage interse the contesting litigants.

(2.) During the pendency of the instant appeal, both the contesting litigants have moved a joint application, cast under the provisions of Section 13-B of the Hindu Marriage Act, read with Order 23 Rule 3, and, under the provisions, of, Sections 95 and Section 151 of the Code of Civil Procedure, 1908, seeking therethrough, the conversion of the afore Hindu Marriage Petition, preferred before the learned District Judge, into a petition hence seeking dissolution of their marriage, through, a rendition of, a, decree of divorce by mutual consent. The appellant has appeared in person today, and, testified on oath, under a duly recorded statement in writing, and, which stands signatured by her, qua a conjoint application being moved by her, and, by the respondent, bearing CMP No. 4533 of 2019, and, thereon her signatures in blue circle, and, at point "A", thereof rather standing borne, besides also the sworn affidavit Ext. AW2/B, bearing her signatures, in blue circle, and, at point "B" thereof. Likewise, the respondent has appeared in person today, and, testified on oath, under a duly recorded statement in writing, and, which stands signatured by him, that a conjoint application standing moved by him, and, by the appellant, bearing CMP No. 4533 of 2019, and, thereon his signatures, being carried, hence, in blue circle at point "C", and, also the sworn affidavit bearing Ext. AW2/B, also bearing his signatures, in blue circle at point "D".

(3.) The afore conversion of the afore Hindu Marriage petition, into a petition, cast under the provisions of Section 13-B, of the Hindu Marriage Act, and, thereafter this Court being constrained, to make an affirmative decree thereon, is both permissible, and, also does not preclude this Court, to exercise rather jurisdiction thereon, as, the Andhra Pradesh High Court, in a verdict rendered in case titled as " K. Omprakash Versus K. Nalini, reported in AIR 1986 Andhra Pradesh, 167, and in paragraph-7 thereof, hence has validated, the afore conversion, even when, an appeal is preferred, before this Court, against the apposite verdict, made, in a Hindu Marriage petition, by the learned District Judge concerned, paragraph whereof is extracted hereinafter: