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Judgment
K.S. Kumaran, J. (Oral)
Second partyChanchala Devi the wife is present in Court in person and is identified by Mr. M.S. Kohli, Advocate.
Heard both the parties.
The wife has no objection for the amendment of the petition under Section 13 of the Hindu Marriage Act as prayed for in Civil Misc. No. 10744 CII of 1997. The petition is accordingly allowed.
Amended petition filed under Section 13B of the Hindu Marriage Act is taken on record. The statements of Roshan Lal, the husband and Chanchala Devi, the wife were recorded in Court.
It is apparent that they are not living together for the last ten years and that there is no chance of their preunion also. In these circumstances, no useful purpose will be served in continuing the litigation unnecessarily.
It is also prayed that the Court may waive the statutory waiting period of six months as per Section 13(B) of the Hindu Marriage Act. In the circumstances mentioned above, I feel that there is no use of asking them to wait unnecessarily inasmuch as they have not been residing together for the last ten years and there is no use of continuing the agony. Therefore, the statutory waiting period of six months, in my opinion, need not be insisted upon. Accordingly, the appeal is allowed and on the basis of the petition for divorce under Section 13(B) of the Hindu Marriage Act and the statement of the parties the marriage of the parties is dissolved by a decree of divorce. As agreed to between the parties the children will live with the petitioner husband while the respondentwife shall not have any claim for maintenance either past of future, or for any return of dowry articles. Ordered accordingly.