Inderjit Kaur v. Mohinder Singh

Inderjit Kaur v. Mohinder Singh

(High Court Of Punjab And Haryana)

First Appeal Order No. 40 of 2001 | 10-04-2002

J.S. Narang, J.

1. A petition under Section 13 of the Hindu Marriage Act, 1955, has been filed by the appellant-petitioner Smt. Inderjit Kaur @ Tarlochan Kaur wife of Mohinder Singh son of Niranjan Singh for seeking dissolution of the marriage performed with Shri Mohinder Singh son of Niranjan Singh i.e., respondent. The marriage was solemnised at village Balakipur, Tehsil and District Nawanshahr in accordance with Sikh marriage rites. The marriage was solemnised about 15-16 years prior to the filing of the petition. After the marriage, both the spouses lived together at the village of the husband and i.e., village Theh, Barnala District Hoshiarpur. The marriage was duly consummated but no child was born out of this wedlock. Some differences arose between the spouses after about six years from the marriage and perhaps the reason was that the wife could not conceive a child. Both the spouses fell out and the wife left the matrimonial home and started staying with her parents.

2. The dissolution of marriage was sought on various grounds as set out in the petition, oral and documentary evidence was led. The learned Additional District Judge, Nawanshahr, was not convinced and the petition was resultantly dismissed vide order dated December 13, 2000. The appellant being dissatisfied filed the present appeal. During the pendency of the appeal both the spouses agreed to suffer a consented divorce. Resultantly, a petition under Section 13-B of the Hindu Marriage Act, 1955, has been filed. Both the spouses presented joint petition annexing a compromise and subsequently the wife placed on record affidavit dated March 11, 2002 in support of the aforesaid petition. Similarly, the husband placed on record an affidavit dated April 10, 2002 in support of the aforesaid petition while appearing as his own witness.

3. The respective statements of both the spouses were recorded and both have consented for the mutual divorce. The wife has accepted a sum of Rs. 1,00,000/- as permanent alimony and that the said amount has been duly received by her. The husband had got executed a sale deed in her favour which is dated May 31, 1996. In pursuance to the consensus, the wife agreed to cancel the sale deed and executed the documents in support thereof. Resultantly, the land described in the sale deed has reverted back to the vendor. She has stated that she shall not stake any claim in respect of the said land. It has also been stated that she has not filed any case against her husband and if any such case may be found to have been initiated on account of any statement made anywhere, the same shall stand withdrawn and that the same shall not be prosecuted by her for any reason whatsoever. It has also been stated by the husband that the appeal filed by her against the judgment of the Trial Court be dealt with in this position and he accepted by way of converting the same into petition under Section 13-B of the. Both the spouses have categorically averred that the petition be not adjourned for six months as provided under the statute as no useful purpose would be served as they have been living separately for more than 15 years.

4. In view of the above, I am of the considered opinion that it shall be in the interest of both the spouses that the marriage solemnised be annulled by way of accepting the petition under Section 13-B of theas aforesaid and condoning the period of six months for which it is required to be adjourned statutorily. Accordingly, the period of six months for which the petition is required to be adjourned is condoned.

5. Resultantly, the petition is allowed and the marriage solemnised between Smt. Inderjit Kaur @ Tarlochan Kaur daughter of Teja Singh and wife of Mohinder Singh and Sh. Mohinder Singh son of Niranjan Singh, is annulled. Office is directed to draw the decree accordingly.

Advocate List
Bench
  • HON'BLE MR. JUSTICE J.S. NARANG
Eq Citations
  • 2002 (3) RCR (CIVIL) 231
  • 2 (2003) DMC 270
  • LQ/PunjHC/2002/351
Head Note

Hindu Marriage Act, 1955 — Ss. 13-B and 13 — Mutual consent for divorce — Petition for divorce under S. 13-B filed by both spouses — Petition under S. 13-B converted into appeal against decree of divorce passed under S. 13 — Appeal allowed — Marriage annulled