Permod Kohli, J. - (1.) THIS is an appeal filed by the appellant -wife against the order dated 12.4.20O7 passed by the District Judge, Fatehabad, dismissing the petition under Section 13B of the Hindu Marriage Act filed by the parties to this appeal.
(2.) FROM the impugned order, it appears that the parties were married on 27.11.1999 according to Hindu rites and ceremonies. One female child was born out of the wedlock who is with the appellant/wife. Both the parties filed a petition under Section 13B of the Hindu Marriage Act on 20.9.2006 and also supported their averments with their affidavits. The learned District Judge, Fatehabad fixed the next date for reconciliation among the parties and statements of the parties, on 23.3.2007. The Parties reported that no reconciliation is possible, on the date fixed. Thereafter the Court directed the parties to produce their parents. On the next date of hearing i.e. 4.4.2007, they failed to produce their parents and vide the impugned order dated 12.4.2007, the petition under Section 13B of the Hindu Marriage Act has been dismissed only on the ground that they have failed to produce their parents. I have heard the learned Counsel for the parties. It is not in dispute that both the parties are major. They reported that reconciliation between them is not possible. The petition is also admittedly filed beyond a period of one year. At the first place, there was no occasion for the learned District Judge to have asked the parties to produce their parents. Assuming that the learned District Judge wanted to attempt further reconciliation, but once the parties informed him about their intention to continue with mutual divorce and no reconciliation is possible, it was not open for him to have dismissed the petition on the ground mentioned in the impugned order. The impugned order is patently illegal and unjustified. It is stated at bar that none of the parties have any claim against each other. They have also agreed that the child will remain with the mother. This statement is also taken on record.
(3.) IN view of the above, this appeal is allowed and the impugned order dated 12.4.2007 passed by the District Judge, Fatehabad is hereby set aside. As a consequence , petition under Section 13B of the Hindu Marriage Act filed by the parties is hereby allowed and a decree for dissolution of marriage between the parties is passed.;