Sunanda Bhandare, J.

( 1 ) THE petitioner who is an I. A. S. officer and respondent No. 1 who is working in the Rajya Sabha Secretariat were married on 13th April 1976 in accordance with Hindu rites. On 20th February 1978 a girl was born out of the said wedlock. Differences arose between the parties and the petitioner filed a petition for divorce being H. M. A. 237 of 1978 under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as the Act) which was dismissed on 15th January 1980. Tension and disharmony continued between the parties and thus they filed a petition for divorce by mutual consent under Section 13b (1) of the Act on 15th December 1983. In view of Sub-section (2) of Section 13b, a decree of divorce could not be passed straight away and, therefore, the file was ordered to be consigned to Record leaving the parties at liberty to take further action as contemplated under Section 13b (1) of the Act. Since respondent No. I failed to join in the second motion as required under Section 13b (2) within 18 months of the presentation of the petition, the petitioner filed an application on 1st July 1985- seeking a decree of divorce based on the first motion itself.

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