C.M. No.13333 CII of 2008 CM No.13335 CII of 2008 in FAO No.206 M of 2003 (O&M) .... Ramesh Kumar Vs. Manju Bala ..... Present : Mr.M.K. Dogra, Advocate for the applicant-respondent. Mr.S.S. Brar, Advocate for the non-applicant-petitioner. ... CM No.13333 CII of 2008 Prayer in this application is to alter the original petition, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act') for grant of a divorce into a petition under Section 13-B of the Act for grant of a decree of divorce by mutual consent. The appellant Ramesh Kumar son of Sat Pal Verma and the respondent Manju Bala wife of Ramesh Kumar are present in person alongwith their respective counsel. The parties, as also their counsel pray that as their differences are irreconcilable, they have decided, to pray for grant of a decree of divorce by mutual consent. Heard counsel for the parties and perused the contents of the application. After litigating in various Courts for the last more than 10 years, parties have arrived at a conclusion that their differences are irreconcilable and they would, therefore, like to bring this matrimonial alliance to an end by grant of a decree of divorce, by mutual consent. I find no reason factual or legal, as would persuade this Court, to deny the prayer for conversion of the original petition for grant of divorce from a petition u/s Section 13 of the Act to a petition under Section 13-B of the Act. Consequently, the application is allowed. The original petition for divorce FAO No.206 M of 2003 (O&M) -2- filed under Section 13 is ordered to be converted into a petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by grant of a decree of divorce by mutual consent. CM No.13335 CII of 2008 Prayer in this application is to waive the period of six months prescribed under Section 13-B of the Act. The parties, who are present in person with their counsel, submit that as they have been litigating in various fora for the last more than 10 years, the period of six months prescribed under Section 13-B be waived. I have heard the parties and their counsel. As parties have been litigating before various Courts for the last more than 10 years and divorce proceedings have been pending from the year 2000, the period of six months should be waived, so as to enable parties to go their separate ways and pursue their separate lives afresh, leaving behind their bitter matrimonial experiences, as expeditiously as possible. In view of what has been stated herein above, the period of six months is waived. FAO No.206-M of 2003 At joint request of the parties the main case is taken up for hearing. The present appeal arises from an order dated 6.8.2003, passed by the Additional District Judge, Amritsar, dismissing the petition for grant of divorce, filed by the appellant husband. During the pendency of this appeal, parties have filed a petition under Section 13-B of the Act for grant of a decree of divorce by mutual consent. Vide order of even date, passed in C.M.No.13333 CII of 2008, the original petition filed under Section 13 of FAO No.206 M of 2003 (O&M) -3- the Act has been converted into a petition under Section 13-B of the Act, for dissolution of marriage by grant of a decree of divorce by mutual consent. Vide order of even date, passed in C.M. No.13335 CII of 2008, the period of six months has been waived. Parties to the present petition were married on 3.2.1989 at Amritsar. After their marriage, they were blessed with three children, a daughter Sonia and two sons Arun and Sahil. Both parties, who are present in person assert that on account of temperamental differences, they have failed to adjust to each other. Despite repeated efforts by relatives, friends and well wishers, they have failed to reconcile or resolve their matrimonial disputes and have, therefore,been living apart since the year 2000. Both parties submit that as there is no chance of reconciliation and they have decided with the intervention of respectables and relatives that the marriage, which is a marriage in name alone,be brought to an end. Parties have also agreed that the custody of the children, namely, Sonia, Arun and Sahil shall remain with petitioner no.1 Ramesh Kumar, their father. Separate statements of both the parties have been recorded and have been duly signed. The statements made by the parties read as under :- Statement of Ramesh Kumar S/o Satpal Verma, R/o H.No.737,Gali Suraj Kund, Nai Sadak, Katra Khazana, Amritsar. ... I was married to Manju Bala, the respondent on 3.2.1989 at Amritsar. We were blessed with three children, who are in my custody. On account of temperamental differences, we could not adjust to each FAO No.206 M of 2003 (O&M) -4- other. Efforts made by our relatives and parents did not bear any result. We have been living separately since the year 2000. There is no chance of any reconciliation. We have therefore, decided with the intervention of friends, relatives and respectables to bring this marriage to an end by grant of a decree of divorce by mutual consent. We have settled all our disputes with respect to articles of dowry, maintenance and for future maintenance. We have also agreed that the custody of the children namely, Sonia, Arun and Sahil shall remain with me for life. Manju Bala shall have no claim to their custody. I pray that the period of six months be waived and a decree of divorce by mutual consent be granted.” ... “Statement of Manju Bala W/o Ramesh Kumar D/o Varinder Kumar, R/o H.No.3938/9, Krishna Gali, inside Gate Khazana, Amritsar. .... I was married to Ramesh Kumar, the appellant on 3.2.1989 at Amritsar. We were blessed with three children, who are in the custody of Ramesh Kumar. On account of temperamental differences, we could not adjust to each other. Efforts made by our relatives and parents did not bear any result. We have been living separately since the year 2000. There is no chance of any reconciliation. We have therefore, decided with the FAO No.206 M of 2003 (O&M) -5- intervention of friends, relatives and respectables to bring this marriage to an end by grant of a decree of divorce by mutual consent. We have settled all our disputes with respect to articles of dowry, maintenance and for future maintenance. We have also agreed that the custody of the children namely, Sonia, Arun and Sahil shall remain with Ramesh Kumar for life. I shall not claim the custody of the children at any stage or time. I pray that the period of six months be waived and a decree of divorce by mutual consent be granted. A perusal of the statements disclose that parties have deposed in unison that they have agreed to part ways, without any undue influence, fraud or coercion and have signed the petition for grant of divorce by mutual consent of their own free will. Both parties pray that as they have been residing separately since the year 2000 and have failed to reconcile their differences, they have decided to bring this marriage to an end. I find no reason, factual or legal that should deny the petitioners, the relief prayed for. I am satisfied that the prayer for divorce by mutual consent is bonafide and is not occasioned by any fraud, coercion or undue influence. The parties desire to bring this empty shell of matrimony to an end, so as to lead their separate lives afresh. In view of what has been stated herein above, the joint petition for grant of divorce filed under Section 13-B of the Act is allowed and the impugned order is set aside. The marriage between Ramesh Kumar and Manju Bala is annulled. A decree of divorce by mutual consent be drawn FAO No.206 M of 2003 (O&M) -6- up. The FAO stands disposed of accordingly. No order as to costs. 18.7.2008 ( RAJIVE BHALLA ) GS JUDGE