Punjab-Haryana High Court
Ved Kumari vs Ramesh Chander @ Subhash on 25 September, 1991
Equivalent citations: I(1993)DMC599
JUDGMENT G.C. Garg, J.
1. This appeal by the wife Shrimati Ved Kumari is against the judgment and decree dated 31.8.1987 passed by the learned Additional District Judge, Bhiwani, allowing a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for restitution of conjugal rights filed by the respondent-husband.
2. The parties during the pendency of this appeal have now filed C.M. No. 7889--CII of 1991 praying that their marriage be dissolved by a decree of divorce by mutual consent under Section 13B of the Act. The statements of the parties have been recorded separately and both of them have stated that the marriage between the parties be dissolved by a decree of divorce by mutual consent as they had not been able to live together as husband and wife and that they were living separately for the last more than one year.
3. On going through the judgment of the learnd Additional District Judge as also the statements of the parties made before me I am satisfied that the appellant and the respondent are living separately for the last more than one year and there is no likelihood of any reconciliation for their living together. I am also satisfied that the parties have voluntarily of their own free will decided to have a decree of divorce by mutual consent and that their marriage be dissolved by a decree of divorce. The parties have further agreed that they will not claim anything from each other after the marriage between them is dissolved by a decree of divorce by mutual consent.
4. In view of the above, I allow the C.M. Application and convert the petition under Section 9 of the Act to a petition under Section 13B of the Act for divorce by mutual consent. I am further of the view that it will be of no use to keep this application pending for a statutory period of six months as contemplated by Section 13B(2) of the Act as the litigation between the parties is pending for a period of over four years and they have not been able to reconcile or live together during this period inspite of efforts of both sides to do so.
5. In the facts of the present case, I allow the application and dissolve the marriage between the parties by a decree of divorce by mutual consent. The parties are left to bear their own costs. F.A.O. No. 193-M of 1917 and the C.M. No. 7889-CII of 1991 are disposed of accordingly. C.M. No. 4962-CII/1989 also stands disposed of.