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Judgment
N.C. Jain, J.—This Court on 6.2.1997 passed the following order:
"Counsel for the parties have submitted before us that it appears that the parties are unable to live with each other and that present is a case where divorce should be granted by the Court on the basis of mutual consent. Counsel for the appellant is accompanied by the husband''s father. The husband happens to be in Saudi Arabia. Counsel for the respondent is accompanied by his clientess and has submitted after taking instructions from her that the parties are unable to live together.
Tentatively arrangement is that the divorce on the basis of a mutual consent would be filed in the Court at an early date. Since it is not possible for the appellant-husband to come from Saudi Arabia before August, 1997, the case is adjourned to 28.8.1997. In the meanwhile, Counsel for the parties would file petition u/s 13-B of the Hindu Marriage Act in the Registry along with a draft in the sum of Rs. 5 lacs (the amount settled for payment to the wife by way of permanent alimony). The draft would be in the name of the Registrar (G) of the Punjab and Haryana High Court, Chandigarh, who will deposit the same in the Bank in Fixed Deposit Receipt encashable on September 1, 1997. It has further been agreed between the parties that the three complaints filed by the wife would be withdrawn in the meanwhile.
A copy of the order be given dasti on payment of copying charges."
In pursuance of the aforementioned order, the parties have filed an application u/s 151 of the CPC (CM. No. 4747/CII of 1997) for conversion of the petition for divorce u/s 13 of the Hindu Marriage Act into a petition for divorce by mutual consent u/s 13-B of the said Act.
The parties are present before us and their statements have been recorded.
The prayer in the misc. application is allowed. Petition u/s 13 of the Act is allowed to be converted to a petition u/s 13-B of the Act. A draft in the sum of Rs. five lacs bearing No. 55294 dated 4.3.1997 issued by Central Bank of India, Hissar have already been deposited with the Registrar of the High Court on 20.3.1997. The Registrar (General) is directed to do the needful by arranging the preparation of another draft in the name of the wife forthwith.
In view of the statements of the parties recorded today, the divorce by mutual consent is hereby granted. The decree sheet be prepared and file be consigned to the record room. A copy of the decree sheet alongwith copies of the statements recorded today be supplied by the Registry. Dasti on payment.