OM PRAKASH Vs. LALITA MEENA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant, Om Prakash against judgment dated 11.07.2012 passed by Family Court No. 2, Jaipur (for short 'the Family Court') whereby divorce petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') has been dismissed. During pendency of the appeal, parties have agreed to obtain a decree of divorce by mutual consent and, therefore, they have jointly filed an application (No. 4030/2015) for dissolution of their marriage, which was solemnised on 23.11.2005. It is contended that parties have been living separately since 2006 and there is no possibility of settlement between the parties, therefore, they be granted decree of divorce by mutual consent in terms of Section 13 -B of the Act. In the application, the appellant -husband has also agreed to withdraw allegations made by him against the respondent -wife regarding adultery and character.

(2.) RELIANCE has been placed on judgment of the Hon'ble Supreme Court in Veena v. State Govt. of NCT, Delhi & Anr., : 2011 Cr.L.R. (SC) 900 to argue that even a petition under Section 13 of the Act, on joint request of the parties, can be converted into one under Section 13 -B of the Act for grant of decree of divorce by mutual consent.