JUDGMENT

Banerjee, J.-The appellant Gurpreet Singh an Indian Air Force personnel had a love marriage with one Kalpna, a Nurse in a Military Hospital (since deceased). Later the facts reveal that Gurpreet left his job from Indian Air Force and joined as Assistant Vigilance Officer in Maruti Udyog in Gurgaon and Kalpna was also adjusted in the same Maruti Udyog in a section known as Bharat Seats. They lived in House No. C-2-113/4 D.L.F. Phase-I, Qutab Enclave, Gurgaon and had a son Sundeep out of their lawful wedlock.

2. It appears that the parties to the said marriage did not pull on well and the deceased and the appellant made a joint petition (Ex.P.N.) before the learned District Judge, Gurgaon under Section 13-B of the Hindu Marriage Act seeking divorce by mutual consent on 14.12.1993; though concededly they lived under one roof till Kalpna breathed her last as noticed hereinbefore in this judgment. The next date fixed in the petition was 17.7.1994.

3. Incidentally, on the further factual score it appears that purchase of flat No.C-2-113/4, Gurgaon (Ex.A4) prior to filing of consent petition however was in the joint name of both the spouses. The deceased thus had a half share in