Rajinder Singh Virk vs Harjit Kaur Boparai

G.C. Garg, J.—A typed copy of the paper book of F.A.O. 71-M of 1995, Rajinder Singh Virk v. Smt. Harjit Kaur Boparai, has been made available by the learned Counsel for the appellant, Mr. K.G. Chaudhary/ Advocate, as the original paper book is stated to have been destroyed in fire. Mr. G.S. Punia, learned Counsel for the respondent has no objection to this paper book being treated as the original paper book on reconstruction. In the situation paper book made available by the learned Counsel is ordered to be treated as the original paper book on reconstruction.

Civil Misc. 573-CII of 1996, has been moved by the appellant under Order 6 Rule 17 of the CPC for permission to amend the petition u/s 13 of the Hindu Marriage Act into one u/s 13-B of the Hindu Marriage Act as amended. Petition u/s 13-B has been filed alongwith the application, which is not only signed by the appellant but also signed by the respondent-wife. Mr. Punia has no objection to the grant of the amendment. Civil misc. is consequently allowed.

The statements of Rajinder Singh Virk and Smt. Harjit Kaur Boparai, have been recorded separately and have been placed on record. The parties have made statements that the marriage between them be dissolved by a decree of divorce u/s 13-B, of the Hindu Marriage Act.

After going through the petition and the statements of the parties, I am satisfied that the parties have not lived together as husband and wife during the last more than a year and they have not been able to live together during the last about four years and it is not possible for them to live together. As regards the request for condoning the period of six months as contemplated by Section 13-B(2), I am of the opinion that this period deserves to be condoned as the parties are living separately for the last more than four years and the petition for divorce was presented in the Trial Court as far back as on 21.1.1992. So ordered.

The appellant husband has paid a sum of Rs. 2,20,000/- by bank demand drafts to the respondent-wife today in Court on account of permanent alimony including all claims of future maintenance or past claims. The parties have further agreed to withdraw all litigation civil or criminal pending between the parties and their relations and in view thereof, I am satisfied that this petition has not been presented in collusion with each other and there is no fact brought to my notice or available on record which may debar the parties to the grant of prayer made in the petition. Consequently, I allow the petition and dissolve the marriage between the parties by a decree of divorce by mutual consent u/s 13-B of the Hindu Marriage Act. As a consequence of the grant of the prayer and decree of dissolution of marriage by mutual consent. F.A.0.71-M of 1995 has been rendered infructuous and the same is disposed of as such with no order as to costs, Decree sheet be prepared accordingly.