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1991 Supreme(P&H) 414

V.K.JHANJI
Nachhattar Kaur – Appellant
Versus
Balwinder Singh – Respondent


Judgment

V.K.Jhanji, J.

1. Both the appeals have been filed by Nachhattar Kaur, against her husband Balwinder Singh filed a petition under Section 9 of the Hindu. Marriage Act, (hereinafter referred to as the Act) for resritution of conjugal rights. Nachhattar Kaur filed a petition under Section 13 of the Act, for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion.

2. Both the petitions were decided by the Additional District Judge, Jalandhar, and vide the order dated 25th of November, 1989, the petition under Section 9 of the Act filed by the husband, was accepted and the petition under Section 13 of the Act, filed by the wife, was dismissed.

3. Being aggrieved against the judgment dated 25th of November, 1989, under Section 9 of the Act as well as under Section 13 of the Act, the wife has filed these two appeals.

4. In the Lok Adalat, after deliberations, the parties agreed that the petition under Section 13 of the Act, filed by the wife, be converted into petition under Section 13-B of the Act, and divorce by mutual consent be granted. However, this was subject to the condition that the husband shall pay a sum of Rs. 5.000/- in cash in lieu of o



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