- (1.) An unfortunate matrimonial dispute have led the parties to litigation. The appellant-Inder Paul Singh, filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act') for seeking a decree of divorce for dissolving the marriage between parties. After contest, the petition was dismissed by the Additional District Judge, S.A.S. Nagar, Mohali, vide judgment and decree dated 03.11.2011. Against the aforesaid order, the appellant has filed the present appeal.
(2.) During pendency of the appeal, the appellant and the respondent have arrived at a consensus that it is not possible for them to continue with the marriage and, therefore, have agreed to dissolve their marriage by praying for a decree of divorce by mutual consent. Inder Paul Singh, appellant filed an application for altering the original petition, filed under Section 13 to a petition under Section 13-B of the Act.
(3.) Vide order dated 18.05.2012, the original petition filed under Section 13 was allowed to be altered to a petition under Section 13-B of the Act. A Coordinate Bench recorded the statements of Inder Paul Singhappellant and Manjit Kaur-respondent as their first motion statement and the petition was adjourned to 17.08.2012 for recording of second motion statement of parties. A reference to the order dated 18.05.2012 would, therefore, be necessary:- Appellant-husband has filed this application for converting the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for dissolution of the marriage by decree of divorce into a petition under Section 13-B of the Act for dissolution of marriage by mutual consent. This application has been filed keeping in view the fact that both the parties have settled the dispute and have agreed to dissolve the marriage by mutual consent. According to the settlement an amount of Rs.1,50,000/- in the shape of demand draft bearing No.989494 dated 7.5.2012 has been handed over to the respondent/wife who is present in Court. Respondent-wife states that she has no objection if this application is allowed and the petition filed by her husband under Section 13 of the Act be converted into a petition under Section 13-B of the Act for dissolution of marriage by way of mutual consent as they are living separately since 2008 and are not in a position to live together. Accordingly, this application filed by the appellant-husband is allowed and he is permitted to convert the petition under Section 13 of the Act into petition under Section 13-B of the Act for dissolution of marriage by mutual consent. ;