- (1.) In C.M. No. 349-C-II of 1979 a prayer has been made on behalf of the appellant, who filed a petition for dissolution of marriage, that the petition may be allowed to be amended. There is no opposition to the application being allowed on behalf of the respondent. We accordingly allow this petition. The petition is accompanied by an amended petition, which is also allowed to be placed on record.
(2.) The parties were married according to Hindu rites on the 12th day of May 1978 at Machhiwara, District Ludhiana as is clear from the petition, while has been signed by both the parties, they have been living separately since March, 1974. It is also not disputed that there have been following proceedings between the parties for dissolution of marriage : (i) An application under section 10 of the Hindu Marriage Act filed by Joginder Kaur wife in the Court of Sub-Judge, Ist Class, Samrala, entitled as 'Joginder Kaur v. Mohan Singh' which was dismissed by the Court on 23-7-76. (ii) Petition under section 12 Hindu Marriage Act, Joginder Kaur v. Mohan Singh filed in the Court of District Judge, Ludhiana, which was dismissed by the Additional District Judge, Ludhiana, vide judgment dated 26-11-1977. (iii) F. A. O. No. Q8-M of 1978 Joginder Kaur v. Mohan Singh in the Punjab and Haryana High Court at Chandigarh which is still pending. The marriage was sought to be dissolved on various grounds mentioned in the unamended petition. During the pendency of the appeal, the parties agreed that they will file mutual divorce petition and consequently amended petition has been filed today. We have recorded the statements of the parties also and taking into consideration the facts and circumstances of the case, we are of the opinion that it is not possible for the parties to live together.
(3.) Since they have been living separately for more than four years, it is in the interest of both of them that a decree of divorce by mutual consent be granted as prayed for by them. We are satisfied that the marriage had been solemnized and the averments made in the petition which has been signed by both the parties, are true. Consequently, in view of the agreement between the parties, we set aside the impugned order dated the 26th November, 1977, as the said judgment is based on a petition which does not hold the field now. In view of the averments made in the amended petition and in view of the statements made before us, we are satisfied that it is a fit case to pass a decree of divorce by mutual consent. We order accordingly. The marriage between the parties shall stand dissolved. There will be no order as to costs. Order accordingly.;