Kuljit Singh vs Pushpa Rani

J.S. Sekhon, J.—From the statement recorded today, it transpires that the parties are living separately since 26.4.1985 and there are no chances of reconciliation. Admittedly, the respondent-wife had got maintenance allowance in proceedings u/s 125 of the Code of Criminal Procedure against her husband. She had also instituted proceedings under Sections 406 & 498A, I P.C. Thus under these circumstances, there is no justification in granting a period of another six months as provided under Sub-Section (2) of Section 13B of the Hindu Marriage Act for verifying whether the parties still insist on dissolution of the marriage. The amount of Rs. 22.000/- has been paid by the husband to the respondent-wife today in Court. Sh. Mahant Ram, father Pushpa Rani, respondent, is present and the money has been handed over to him, on the undertaking that he will deposit the same in the name of his toghter, Pushpa Rani, in some scheduled Bank and produce the relevent receipt by 25.10.1991. Mst. Pushpa Rani has also under taken to fore go her claim to permanent alimony u/s 125 of the Code of Criminal Procedure, besides undertaking that she will apply to the Court concerned for withdrawal of the criminal cases pending between the parties under Sections 406 & 498A, Indian Penal Code.

For the reasons recorded above, there is no option but to dissolve the marriage between the parties by granting a decree of divorce on the basis of mutual consent and it is ordered accordingly. There is no order as to costs.

The appeal (F.A.O. No. 76-M of 1991) against the Judgment of the Trial Court in application u/s 13 of the Hindu Marriage Act has, therefore, become infructuous and stands disposed of as such at motion stage.