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2013 DIGILAW 79 (PNJ)

Kulwinder Singh v. Pinky Devi

2013-01-28

RAJIVE BHALLA, TEJINDER SINGH DHINDSA

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Judgment TEJINDER SINGH DHINDSA, J. A matrimonial dispute led to the filing of a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act') by the appellant-Kulwinder Singh, seeking a decree of divorce from the respondent. Such petition was dismissed by the Additional District Judge, S.A.S. Nagar vide judgment dated 12.08.2010. The present appeal is directed against the aforementioned order. During the pendency of the appeal, the appellant-husband and the respondent-wife arrived at a consensus that it was not possible for them to continue with the wedlock and accordingly, agreed to dissolve their marriage by a decree of divorce by mutual consent. The appellant filed an application for altering the original petition filed under Section 13 of the Act to a petition under Section 13-B of the Act for grant of divorce by mutual consent. Vide order dated 27.07.2012 passed by a Coordinate Bench, the original petition filed under Section 13 of the Act was allowed to be altered to a petition under Section 13-B of the Act and the statements of the appellant and the respondent were recorded. The petition was adjourned to 28.01.2013. A reference to the order dated 27.07.2012 would therefore be necessary, which reads in the following terms: CM No.18424-CII of 2012: Allowed as prayed for. Documents (Annexures A-1 to A-3 are taken on record. CM No.18425-CII of 2012: Allowed as prayed for. CM No.18426-CII of 2012: Prayer in this application is to alter the petition filed under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”) to petition under Section 13-B of the Act and to waive the period of six months provided in section 13-B of the Act. We allow the prayer for altering the petition originally filed under Section 13 of the Act, to a petition under Section 13-B of the Act, and dispose of the application. FAO No.M-409 of 2010: Affidavits of Kulwinder Singh son of Shri Malkiat Singh and Pinki Devi @ Prabhjot Kaur daughter of Jang Singh filed in court today, are taken on record. Kulwinder Singh and Pinki Devi are present in court and state that their affidavits may be considered as their statements in support of the petition filed under section 13-B of the Act. Kulwinder Singh and Pinki Devi are present in court and state that their affidavits may be considered as their statements in support of the petition filed under section 13-B of the Act. To come up on 28.01.2013.” Today both the parties have caused appearance before this Court along with their respective counsel and have also filed their separate affidavits. Both the appellant and respondent have deposed that they have been staying separately for almost 10 years and the decision to part ways has been taken without any coercion, undue influence or pressure from any one. Affidavits filed by the parties are taken on record. Both the parties have also got recorded their statements. Statements suffered by the parties before this Court read as under: “Statement of Kulwinder Singh, son of Shri Malkiat Singh, resident of House No. C-69, Deep Nagar, Anaj Mandi Road, Tehsil Kharar, District Mohali (Now known as House No.118, Sector 10, Kharar, District Mohali). on S.A. I have filed a petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the “1955 Act”) for dissolution of marriage by grant of a decree of divorce by mutual consent. I have filed an affidavit, today in Court, that may be read as my statement in second motion. Despite expiry of period of six months, we have not been able to bridge our differences or arrive at a conclusion that may enable us to live together as husband and wife. I, therefore, pray that petition under Section 13-B of the 1955 Act may be allowed and our marriage may be dissolved by grant of a decree of divorce by mutual consent.” xxx xxx xxx “Statement of Smt. Pinky Devi @ Prabhjot Kaur wife of Kulwinder Singh, daughter of Sh. Jang Singh, resident of House No.499/C, LIC Colony, Sector 4, Ward No.5, Mundi Khara, District Mohali. on S.A. I have filed a petition under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of marriage by grant of a decree of divorce by mutual consent. I have filed an affidavit, today in court, that may be read as my statement in second motion. Despite expiry of period of six months, we have not been able to bridge our differences or arrive at a conclusion that may enable us to live together as husband and wife. I have filed an affidavit, today in court, that may be read as my statement in second motion. Despite expiry of period of six months, we have not been able to bridge our differences or arrive at a conclusion that may enable us to live together as husband and wife. I have agreed to the grant of dissolution of marriage by mutual consent without any fraud or collusion or coercion. I therefore, pray that petition under Section 13-B of the 1955 Act may be allowed and our marriage may be dissolved by grant of a decree of divorce by mutual consent.” Counsel for the parties pray that there is no possibility of re-conciliation and there being no possibility for the parties to reside together under the same roof, their marriage be dissolved by grant of divorce by mutual consent. We have heard counsel for the parties, perused the record of the case as also the affidavits filed. We are satisfied that the prayer for grant of decree of divorce by mutual consent is bonafide. Clearly, the parties have arrived at a mutual decision to bring their matrimonial alliance to an end so that they may proceed with their lives afresh. We have even interacted with the parties and it is clear that there is no possibility of a conciliation. As such, it would not be in the interest of the parties to continue with such an unhappy marriage. As such, we allow this petition. The marriage between the appellant-husband, Kulwinder Singh and the respondent-wife, Smt. Pinky Devi @ Prabhjot Kaur is dissolved forthwith. Both the parties shall remain bound of their statements suffered before this Court. Decree sheet be drawn up accordingly.