- (1.) The matter here arises from a petition for mutual divorce filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 . This application was filed on August 12, 1988. On March 28, 1989 when the petition came up for hearing, the respondent-husband retracted from his statement and consequently the petition for mutual divorce was dismissed. This is the order which has now been challenged in appeal.
(2.) Counsel for the parties state that both the parties are now agreed that the marriage between them be dissolved by mutual consent in terms of Section 13-B of the Hindu Marriage Act, 1955 . Let their statements be recorded. Sd/- S.S. Sodhi, Judge. October 27, 1989. Sd/- A.L. Bahri, Judge. Statement of Smt. Meera Kalia wife of Shri Gopal Krishan Kalia, resident of 131-C Vikas Colony, Sirhindi Gate, Patiala, on solemn affirmation. I am the legally wedded wife of my husband Shri Gopal Krishan Kalia. We have been living apart from each other since 6-1/2 years. We had filed adjacent application for dissolution of our marriage by mutual consent. It is my prayer that the marriage be dissolved by mutual consent. It had been mutually agreed that I will not claim any maintenance from my husband. Sd/- Meera Kalia, RO & AC. Sd/- S.S. Sodhi, Judge. October 27, 1989. Sd/- A.L. Bahri, Judge. Statement of Shri Gopal Krishan Kalia son of Shri Amir Krishan Kalia resident of Raghumajra, Patiala, on solemn affirmation. I and my wife Meera Kalia have been living apart from each other since the last 6-1/2 years. We have mutually agreed to dissolve our marriage by divorce. It is prayed that a decree to this effect be granted. RO & AC. Sd/- S.S. Sodhi, Judge. Sd/- G.K. Kalia. Sd/- A.L. Bahri, Judge. October 27, 1989. ORDER S.S.Sodhi, J.
(3.) Statements of the parties recorded today would show that they have been living apart from each other for a period of more than six years and have mutually agreed to dissolve their marriage. A decree for divorce by mutual consent, in terms of Section 13-B of the Hindu Marriage Act, 1955 is accordingly hereby granted. This appeal is disposed of accordingly. There will be no order as to costs. A.L.Bahri, J.;