Hindu Marriage Act, 1955–Sec. 13-A–Divorce petition on the ground of cruelty and desertion–In reply of petition, respondent-husband denied from the allegations, however, stated that he has no objection if the divorce petition is accepted–Thereafter, he remained absent and did not produce the evidence–Court below decided the issue against the appellant-wife with observing that both the parties contested in a collusive manner to obtain the decree of divorce–Whether proper ?–Held, no–Court below go ahead and recorded these findings–Rejection of application as if it was filed under the wrong provision, was not proper on part of Court below–Decree of divorce is granted.
