Nachhattar Kaur vs Balwinder Singh

V.K. Jhanji, J.—Both the appeals have been filed by Nachhattar Kaur, against her husband Balwinder Singh filed a petition u/s 9 of the Hindu. Marriage Act, (hereinafter referred to as ''the Act'') for resritution of conjugal rights. Nachhattar Kaur filed a petition u/s 13 of the Act, for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion.

Both the petitions were decided by the Additional District Judge, Jalandhar, and vide the order dated 25th of November, 1989, the petition u/s 9 of the Act filed by the husband, was accepted and the petition u/s 13 of the Act, filed by the wife, was dismissed.

Being aggrieved against the judgment dated 25th of November, 1989, u/s 9 of the Act as well as u/s 13 of the Act, the wife has filed these two appeals.

In the Lok Adalat, after deliberations, the parties agreed that the petition u/s 13 of the Act, filed by the wife, be converted into petition u/s 13B of the Act, and divorce by mutual consent be granted. However, this was subject to the condition that the husband shall pay a sum of Rs. 5.000/- in cash in lieu of ornaments claimed by the wife. The husband had already agreed to return certain articles belonging to the wife. The articles were to be delivered by the husband to Mr. M.S. Sodhi. Advocate, at Jalandhar. A receipt has been produced today, showing that the wife had not only received a sum of Rs. 5, 000/-. but also the articles belonging to the wife, were handed over to her in the presence of witnesses on 10.4.1991.

It is not disputed that the parties to the marriage, have been living separately for a period of more than one year and they have not been able to live together. They have mutually agreed that the marriage should be dissolved by a decree of divorce u/s 13B of the Act. Since the parties to the marriage have been living seperately for more than one year and there is no chance of their living together. I convert the petition u/s 13 of the Act, into petition u/s 13B of the Act. and hereby dissolved the marriage by granting a decree of divorce by mutual consent.

The wife has also agreed that in future, she shall not claim any maintenance from the husband. In view of this, it is ordered that the wife shall not be entitled to any maintenance whatsoever, either u/s 125, Criminal Procedure Code, or under any other provision of any Act, for grant of maintenance to the wife.

The parties are left to bear their own costs.