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1997 Supreme(P&H) 852

R.S.MONGIA, M.L.KOUL
Shiv Kumar – Appellant
Versus
Geeta – Respondent


Judgment

R.S.Mongia, J.

1. Shiv Kumar, appellant, was married to respondent Geeta daughter of Sewa Ram on May 9, 1993, at Ambala Cantt in accordance with Hindu rites. There has been no issue out of the wed-lock. For various reasons, the parties have not been able to pull on together as husband and wife and are staying separately from each other since October,1994. In fact almost from day one of marriage, there have been bickerings between them and they found that they were not temperamentally compatible to each other to live as husband and wife. A petition for grant of divorce was filed by the appellant against his wife Under Section 13 of the Hindu Marriage Act before the matrimonial Court at Ambala City on April 24,1995. That petition was, however, dismissed on November 18, 1996. Against that judgment, F.A.O. No. 7-M of 1997 had been filed. During the course of the proceedings in the said appeal, the appellant and respondent Geeta decided to get a decree of divorce by mutual consent. For that matter, an application was moved to convert the proceedings Under Section 13 of the Hindu Marriage Act to one Under Section 13-B of the Act alongwith a joint application for the grant of decr


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