Balwinder Singh vs Harmit Kaur on 18 February, 2009

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                       Civil Revision No.889 of 2009
                                       Date of Decision: 18.02.2009
Balwinder Singh

                                                 ....petitioner

                   Versus

Harmit Kaur

                                                 .....respondent

CORAM:        HON'BLE MR.JUSTICE RAKESH KUMAR GARG

Present:  Mr.N.P.S.Mann,Advocate
          for the petitioner
                ****

RAKESH KUMAR GARG J.

Challenge in this revision petition is to the order dated

29.09.2008 passed by District Judge, Amritsar, whereby application filed

by the petitioner and respondent under Section 13(B)(2) of the Hindu

Marriage Act, has been dismissed on account of the respondent failing to

turn up and give her consent to the second motion as provided under

Section 13(B)(2) of the Hindu Marriage Act. It has been held by a Division

Bench of this Court in 2006(2) RCR (Civil) 497 Charanjit Singh Mann

versus Neelam Mann that the provisions of Section 13(B)(2) are

mandatory. The consent of the second party was essential for the

acceptance of this divorce petition by way of mutual consent, which is

missing.

I find no fault with the impugned order passed by the District

Judge, Amritsar.

Dismissed.

However, the petitioner shall be at liberty to pursue any

other remedy against the respondent, if available, in accordance with the

law.

(RAKESH KUMAR GARG)
JUDGE
18.02.2009
neenu