Lakhvir Kaur vs Narinder Pal Singh

V.K. Jhanji, J.—Husband (respondent herein) filed a petition u/s 13 of the Hindu Marriage Act (hereinafter referred to as the Act) in February 1992, for dissolution of marriage on the ground of cruelty. Parties were married on 19-11-1989 at Samrala. From 30-9-1990 onwards they had been living separately. There is no child from the marriage. In proceedings for divorce, an application was filed for interim maintenance. The application of the wife for maintenance pendente lite was dismissed, against which she has come in the present revision petition before this Court.

During the pendency of the revision petition, parties agreed to get the marriage dissolved by a decree of divorce by mutual consent as provided u/s 13B(1) of the Act. Today they have filed a joint petition and made a prayer that the marriage be dissolved by decree of divorce on the basis of mutual consent. Both the parties are present in Court. After speaking to them, I find that there is no chance of any reconciliation. In my view it would be futile if the matter is sent back to the Trial Court for converting the petition u/s 13 into one for petition u/s 13B of the Act. Petitioner u/s 13B of the Act is taken on record. The averments in the petition make it quite clear that the parties, are living apart for the last more than three years. I am, thus satisfied that in the circumstances of the present case, the provisions of Sub-section (2) of Section 13B of the Act are to be waived, and 1 accordingly waive it. The husband has paid a sum of Rs. 1,00,000/- by way of bank draft, in full and final settlement in respect of claim of the wife, towards dowry, permanent alimony and also towards the past, present and future maintenance. Petition u/s 13B of the Act, thus, stands allowed and the marriage is dissolved u/s 13B(1) of the Act, with no order as to costs.

Decree sheet be prepared accordingly.