CourtKutchehry.com
High CourtsDivision Bench(1989) 05 P&H CK 0017

Madan Lal Minocha vs Smt. Nirmal Kanta Alias Lalit

Punjab And Haryana At Chandigarh · Decided on 10 May 1989

HON’BLE JUDGES
S.S. Dewan, J · Amarjeet Chaudhary, J
CASE NUMBER
Letters Patent Appeal No. 730 of 1984 and Civil Miscellaneous No. 8750 of 1989 (O and M)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 385 words

Amarjeet Chaudhary, J.—Madan Lal Minocha, Appellant in L.P.A. No. 730 of 1984, had filed a petition u/s 13 of the Hindu Marriage Act, 1955 (for short ''the Act''), which was allowed by the Addl. District Judge, Jalandhar. The Respondent wife filed an F.A.O. in this Court which was allowed by an Hon''ble Single Judge of this Court on April 30, 1984. Feeling aggrieved by the decision of the Hon''ble Single Judge in the F.A.O. the Appellant filed the present L.P.A. During the pendency of the L.P.A., the parties have agreed to obtain a decree of divorce by mutual consent i.e. u/s 13-B of the Act, in view of their having been living separately for a period of ten years. The Appellant has filed a civil misc. No. 8750 of 1939 with a prayer that the original petition (No. 88 of 1980) filed by him in the Court of the District Judge, Jalandhar, may be treated as petition u/s 13-B of the Act. This request has not been objected to by the Respondent-wife and the parties have jointly moved an application for this purpose

2.

As the parties have now desired to secure a decree of divorce by mutual consent in terms of Section 13-B of the Act and having made a statement to this effect in Court, we are inclined to grant a decree of divorce by mutual consent Since in the case in hand the parties have been litigating since 1980 and have not been able to reconcile, it will be futile to allow a period of six months before passing a decree of divorce as provided u/s 13-B(2) of the Act in view of the amendment. The application for divorce by mutual consent is, therefore, allowed and the parties are granted decree of divorce in terms of Section 13-B of the Act. The Appellant has paid a sum of Rs. 20000/- to the Respondent in the Court. The Respondent has stated that she would not claim any maintenance or dowry from the Appellant. It has also been agreed that the Appellant shall retain the custody of the female child and the Respondent has no objection to the same nor will she ever claim the custody of the child from the Appellant. There shall be no order as to costs.

Sd/- S.S. Dewan, J.