IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No.3708 of 2009 (O&M) Date of Decision: July 08, 2007 Davinder Kaur ...........Petitioner Versus Jaswinder Singh ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.P.S.Ahluwalia,Advocate,for the petitioner. -- Sabina, J. (oral) C.M. No.15480-CII of 2009 C.M. is allowed. Petitioner is permitted to place on record the true copies of Annexures. Civil Revision No.3708 of 2009 Heard learned counsel for the petitioner. Davinder Kaur-petitioner has filed this petition under Article 227 of the Constitution of India praying for setting aside the order dated 8.4.2009(Annexure P1) vide which the petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act') has been dismissed under Order 9 Rule 8 of the Code of Civil Procedure. Davinder Kaur and Jaswinder Singh filed petition under Section 13-B of the Act for dissolution of their marriage by decree of divorce on the basis of mutual consent. Statements of the parties were recorded on 6.9.2008 and thereafter, the case was adjourned to a date after Civil Revision No.3708 of 2009 -2- six months for again recording the statements of the parties. However, on 8.4.2009, counsel for the respondent-Jaswinder Singh-petitioner No.2, Sh.K.K.Vohra, Advocate made a statement that Jaswinder Singh was not interested in getting his statement recorded because he intended to file a petition under Section 9 of the Act. Since, one of the petitioners did not want to continue with the petition under Section 13-B of the Act, the petition was liable to be dismissed. The Additional Civil Judge (Senior Division) had erred in ordering the dismissal of the petition in default under Order 9 Rule 8 of the Code of Civil Procedure. In a petition under Section 13-B of the Act, both the parties are petitioners and, thus, none of the parties can be said to be a defendant. Although the impugned order dated 8.4.2009 is not happily worded yet the petition under Section 13-B of the Act was liable to be dismissed as one of the petitioners Jaswinder Singh was not interested in pursuing with the said petition and intended to file a petition under Section 9 of the Act. The petition was liable to be dismissed though for different reasons. Hence, no interference is called for. Dismissed. ( Sabina ) Judge July 08, 2009 arya