Judgment · High Court

Statements of the parties have been recorded separately. The petitioner husband Shri Bhagat Singh had filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955, which was allowed by the District Judge(F), Shimla in terms of judgment and decree dated 29.7.2008 in HMA No.12-S/3 of 2006/05 titled as Bhagat Singh vs. Meena Devi. The appellant wife Smt. Meena Devi in the present appeal assailed the said judgment and decree. In terms of the joint petition filed under Section 13-B(1) of Hindu Marriage Act, 1955, the parties are seeking dissolution of marriage by mutual consent. They have settled their issue with regard to alimony, maintenance, inheritance etc. The marriage undoubtedly has broken down irretrievably, as the parties have been residing separately for the last 18 years and have not cohabited since then. The elder daughter, born out of the wedlock is married and the other one is happily living with the mother. It is in the interest of the parties that the petition be disposed of and the marriage be dissolved as prayed. Accordingly, the petition filed by the appellant wife is substituted with the present joint petition filed under Section 13-B(1) of Hindu Marriage Act, 1955. The statutory period is condoned. Accordingly, the decree is modified to the extent that the marriage of the parties stands dissolved by a decree of mutual consent as provided under Section 13-B of Hindu Marriage Act, 1955. The petition stands disposed of, so also the pending applications. It shall always be open for the appellant to approach the Court seeking implementation of the terms of the compromise arrived at between the parties. Judge. ( Sanjay Karol ), December 17, 2008 (rana)