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2004 DIGILAW 1227 (PAT)

Satish Kumar Sinha v. Archana Verma alias Dauli

2004-12-09

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JUDGMENT Nagendra Rai, ACJ & S. N. Hussain, J 1. The appeal is under the heading 'For Hearing'. With the consent of the parties, the same has been taken up and is being disposed of. 2. The husband-appellant filed an application for dissolution of marriage under the provision of section 13 of the Hindu Marriage Act (for short 'the Act') before the Principal Judge, Patna, and the same was dismissed on 4.9.1999, against which the present appeal has been filed. 3. It is admitted that the marriage of the appellant was solemnised with respondent Archana Verma alias Dauli in the year 1994. Both the parties are present in court and they admitted that they are living separately since 1996. This Court made attempts for reconciliation between the parties, but the same have failed. The learned counsel appearing for the parties have also failed to persuade the parties to come to reconciliation. 4. In that view of the matter, we think that no useful purpose will be served by allowing the marriage between the parties to continue. Accordingly, under the provision of section 13B of the Act, we allow the joint prayer made by the parties for dissolution of the marriage. In the peculiar facts and circumstances, i.e. the parties are living separately since 1996 and no possibility of reconciliation, the period of gap of six months between the date of presentation of the petition and the passing of the order as provided under section 13B of the Act is not insisted upon. In that view of the matter, the required period of six months is dispensed with. 5. We have seen the terms of the compromise. The payment has been made in terms of the compromise and there is nothing due from the appellant. Accordingly, the terms of the compromise are accepted and left this fact be noted. 6. In the result, this appeal is disposed of and the marriage between the parties is dissolved. Let a decree be passed accordingly. The appellant and the respondent stand divorced from each other and are free to lead an independent life.