Sukhjit Kaur (Smt.) vs Sikandar Singh

Panwar, J.—This appeal is directed against the order dated 9.3.2000 passed by the learned District Judge, Sriganganagar whereby an application u/s 9 of the Hindu Marriage Act, 1955 (in short, ''the Act'' hereinafter) filed by respondents Sikander Singh was allowed. During the pendency of the appeal, the parties have compromised the matter and the compromise has been filed. The parties are present in the Court today. The parties have been identified by their respective counsel.

An application u/s 13B of the Act has been filed today jointly by both the parties. Admittedly, the parties are not residing together for last about for year - at least from the date of the filing of application u/s 9 of the Act. The period of more tan six months has already elapsed. By the present application u/s 13B of the Act the parties seek desolation of their marriage by mutual consent. The application seeking dissolution of marriage by mutual consent is not opposed by either of the parties who are present in the Court today. During the pendency of the appeal efforts were made for reconciliation which did not yield any result and, therefore, the appeal was ordered to be placed on board for hearing. Under these facts and circumstances, no useful purpose will be served to allow the litigation to continue any further. In this view of the matter, the application u/s 9 of the Act is converted into application u/s 13B of the Act.

For the reasons stated above, the application filed jointly by the parties u/s 13B of the Act is allowed. The marriage solemnised between the parties on 2nd April, 1995 stands dissolved by mutual consent; and, accordingly, decree of divorce is passed. The compromise is taken on record and made part thereof.

The appeal stands disposed of accordingly.