K.S.GAREWAL, J. - (1.) THIS appeal has been filed by Poonam to challenge the grant of divorce vide award dated July 19, 2004 pronounced by Shri V.K. Kaushal, Presiding Judge and Ms. Shalinder Kaur, Member, Lok Adalat/Samjhauta Sadan, Panchkula.
(2.) POONAM 's husband Hari Singh had originally filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") seeking divorce. This petition was filed on October 13, 2003 through Ms. Shalander Kaur and Amit Singla, Advocates. Power of attorney has also been signed by Ms. Shalander Kaur, Advocate. The record of the case was requisitioned and has been examined by us. The record reveals that on November 14, 2003, that respondent-wife put in appearance through Ms. Taranpreet Kaur, Advocate, before learned Additional District Judge, Panchkula, who directed the case to be placed before Shri V.K. Kaushal, Presiding Officer, Lok Adalat/Samjhauta Sadan, Panchkula on November 24, 2003 for reconciliation. On December 8, 2003, the Presiding Judge recorded the statements of the parties and adjourned the case for filing of a petition under Section 13-B of Hindu Marriage Act. Apparently, no petition under Section 13-B of the Act was filed.
(3.) WHAT is on record is an application for converting the petition from the one filed under Section 13 of the Act to a joint petition under Section 13-B of the Act for grant of divorce by mutual consent but the amended petition never came to be filed under Section 13-B of the Act. Therefore, the award has been passed on a petition under Section 13 of the Act which cannot be done.;