I.S. Tiwana, J. - (1.) The learned counsel for the parties state that the present petition filed under section 13 of the Hindu Marriage Act (for short, the Act) may be treated as a petitioner under section 13-B of the Act. They further maintain that the parties to this litigation have been living separately for more than a year prior to the filing of this petition and have not been able to live together and have thus mutually agreed to dissolve the marriage. In support of the above facts two affidavits duly sworn and attested have been produced by the parties which are placed on record. They accept the correctness of the contents of these affidavits.
(2.) In the light of the above facts, I am satisfied that parties to this litigation cannot possibly live together as husband and wife and following the observations of this Court in Dr. Surinder Pal Kaur Vs. Mohinder Partap Dass, 1981 H.L.R. 593 , while allowing this appeal 1 grant them the decree of divorce under section 13-B of the Act. 1, however, pass no order as to costs. Appeal allowed.;