Rekha Mittal, J. - (1.) An unfortunate matrimonial dispute led the parties to litigation. The appellant-Chanderdeep, filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for seeking a decree of divorce dissolving the marriage of the parties. After contest, the petition was dismissed by the Additional District Judge, Rupnagar, vide judgment and decree dated 02.05.2011. Against the aforesaid order, the appellant has filed the present appeal.
(2.) However, during pendency of the appeal, the appellant-wife and the respondent-husband arrived at a consensus that it is not possible for them to continue with the marriage and therefore, 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 to a petition under Section 13-B of the said Act, for grant of divorce by mutual consent. Vide order dated 22.05.2012 passed by a Coordinate Bench of this Court, the original petition filed under Section 13 was allowed to be altered to a petition under Section 13-B of the Act and statements of the appellant and the respondent were recorded. The petition was adjourned to 21.08.2012, for recording second motion statements of the parties. A reference to the order dated 22.05.2012, would, therefore, be necessary:- CM No. 13467-68 II of 2012 The petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), filed by the appellant wife for dissolution of her marriage with the respondent by way of decree of divorce, on the ground of desertion and cruelty, was dismissed by the trial Court vide Judge and decree dated 02.05.2011. Against the said judgment and decree, the instant appeal was filed by the wife. It is alleged that during the pendency of the appeal, the parties have amicably settled their dispute and decided to dissolve the marriage by mutual consent. Consequently, application (CM No. 13467-CII of 2012) has been filed by both the parties with a prayer that the petition filed by the wife under Section 13 of the Act be converted into a petition under Section 13-B of the Act for grant of divorce by mutual consent. The application is duly supported by affidavits of both the parties, who are present in Court. They state that they are living separately since September, 2009 and now with their free will and consent, they have decided to dissolve the marriage by mutual consent. Thus, this application is allowed and the parties are permitted to convert the petition under Sections 13 of the Act, filed by the wife before the trial Court, into a petition under Section 13-B of the Act. Accordingly, the petition under Section 13-B of the Act (numbered as CM No. 13468 CII of 2012) filed by the parties for dissolution of their marriage by mutual consent, is taken on record. FAO No. M 177 of 2011 With consent of both the parties, who are present in Court, the appeal is pre-poned for today. Let first motion statements of the parties be recorded.
(3.) Today, both the parties have put in appearance before this Court along with their respective counsels and have filed their separate affidavits, deposing therein that the statutory period is over, yet they have not cohabited and there is no chance of reconciliation in any manner. Affidavits filed by the parties are taken on record. Both the parties have also got recorded their statements. Statement suffered by the appellant-wife before this Court reads as under:- My affidavit filed in Court, today, may be taken on record as my second statement. However, I should be given visitation rights with respect to my minor daughter, Gunpreet Kaur, who is staying with the respondent-husband, in the following terms:- 1. On first Sunday of every month, the respondent-husband will bring the child, at 10.00 a.m., in a Gurudwara at Ropar near my house located near Bela Chowk known as Gurudwara Sabha. I may be entitled to take the child home and would return the child to the respondent by 5.00 p.m. on the same day. 2. On last Sunday of every month, I shall visit the child at Ludhiana in a Gurudwara near the house of respondent FAO NO.M-177 of 2011 4 husband located at Bhamian Road known as Gurudwara Singh Sabha, opposite Denty Sweets, who shall bring the child there at 10.00 a.m. from where I may be entitled to keep the child with me uptill 5.00 p.m on the same day.";