SANTOSH Vs. ADDITIONAL DISTRICT JUDGE NO L GANGANAGAR

JUDGEMENT

(1.) THE appellants are aggrieved with the Order passed by the Additional District Judge No. l, Sri Ganganagar on December 8, 1992 by which the appellants joint application for a decree for divorce by declaring dissolution of their marriage under Sec. 13-B of the Hindu Marriage Act, 1955 (for short the Act' hereinafter) has been rejected.

(2.) THOUGH the appellants have impleaded the Additional District Judge No. l, Sri Ganganagar as sole party respondent, the name of the respondent is deleted at the request of the appellants, as a court passing a judicial order, is not a party to the litigation and ought not to have been impleaded as a party at all.

(3.) SO also once it is established that living together as husband and wife has become incompatible and both the concerned parties are in agreement to serve bond and live independently with freedom to act henceforth, and law has. permitted this court to be adopted by introducing Sec. 13b, to refrain to pass a decree on the ground of delay will not only be contrary to statute but will also be unreasonable and cruel to compel the parties to live compulsorily under the shadow of matrimonial bond imparatively.