IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 38 of 2010 Date of decision: 3.08.2010. Indu Sharma … Appellant Versus Suresh Kumar … Respondent Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No For the appellant : Mr. R.K Gautam, Sr. Advocate with Ms. Archna Dutt Advocate For the respondent : Mr. Bhupender Gupta, Sr. Advocate with Mr. Neeraj Gupta, Advocate. V.K. Ahuja, J.(Oral) This is an appeal filed by the appellant against the judgment and decree of the Court of Learned District Judge, Una vide which he had allowed the petition filed by the respondent under Section 13 of Hindu Marriage Act for dissolution of marriage on the ground of cruelty and desertion under Section 13(1) (ia) & (i)b of the Act. 2. Being aggrieved the appellant filed the present appeal. On the date fixed for hearing of the case, the parties filed an application for permission to compromise and to convert the petition to be one under Section 13-B of the Hindu Marriage Act. However, subsequently the parties made statement that the appeal may be allowed as passed by learned District Judge on the ground of 1Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 desertion only under Section 13 (1) (ia) (ib) of the Act. Statements of the parties recorded separately. The appeal is allowed accordingly partly and the petition shall be deemed to have been decreed under Section 13 of the Act on the ground of desertion only. Parties shall be bound by the terms of compromise contained in Ex. DA which shall form part of the decree. 3rd August,2010 V.K. Ahuja, Judge (veena)