IMPORTANT POINT :
A dead marriage must be given a decent quietus – Decree of divorce can be granted on account of irretrievable breakdown of marriage between parties.

ORDER :

1. A marriage was solemnized inter-se the parties on 29.4.1998 at Rohtak as per Hindu rites, the parties resided together and the marriage was consummated. A daughter named Jyotsana was born on 20.2.2001. It is the case of the appellant that the respondent has been residing not with the appellant but in her father’s home after he passed away on 8.12.2002. A panchayat was convened on two separate occasions but it is the case of the appellant that the respondent refused to live with him in Ganaur. The appellant thus filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 but the same was dismissed on default on 07.10.2004.

2. We may note the case of the respondent was that the appellant had thrown her out of the matrimonial home in October 2004 after assaulting her. There was a demand of dowry by the appellant and her family, and she was harassed and tortured. The daughter has been throughout living with the respondent since birth, and thus the divorce petition.

3. The aforesaid respective stands are reflected from the pleadings of the parties in a divorce petition filed by the appellant under Section 13 of Hindu Marriage Act, 1955 on grounds of desertion. The petition was tried. The learned Addl. District Judge, Sonipat found that no reconsideration was possible and there was no documentary or other evidence to prove the dowry demand.

4. The respondent aggrieved by the same preferred an appeal before the High Court which has been allowed by the impugned judgment dated 08.9.2009. On the appellant preferring the special leave petition, notice was issued and endeavor was made to resolve the dispute between the parties through Delhi Mediation Center in 2011 but nothing worked out and leave was granted on 04.7.2011.

5. On the appeal being taken up for hearing on 28.9.2021, learned counsel for the parties stated that the parties are staying separately since 2002/ 2004 and that the parties will endeavor to work out a settlement and thus sought deferment of hearing.

6. On 05.10.2021, learned counsel for the respondent reported back stating that he had instructions that the respondent was not averse to a mutual consent divorce with the Court invoking its powers under Article 142 of the Constitution of India, without admitting the allegations made by the appellant while filing the divorce petition. We, however, put two caveats to it :

(a) the maintenance for the last 10 months fixed by the trial Court of Rs.8,000/-per month has not been paid.

(b) the sole child-daughter, has got admission to a college and the appellant must bear expenses for her education.

7. Learned counsel for the appellant assured that the arrears would be cleared and also agreed to submit his salary bills along with an affidavit setting out his assets which he owns privately, apart from his salary slip, to work out the financial terms of the separation. The respondent was also asked to do the same. We flagged the issue of financial emoluments to be received by the respondent and the issue of the daughter’s education and marriage. In order to develop and encourage a rapport between the daughter who is 20 years of age and the appellant, we requested learned counsel for the respondent to arrange a meeting between the two in the meantime.

8. On the next date of hearing, i.e. 27.10.2021, we referred the matter to the Supreme Court Mediation Center to work out a formal settlement and for the daughter to join the mediation proceedings.

9. The mediation report, however, came from the Mediator of an unsuccessful endeavor, as recorded by us on 07.12.2021. We had observed that the daughter, who is now aged about 20 years, would have to develop some interaction with the appellant-father if she wants him to play a role in her education. At the request of parties the matter was again referred to mediation but the report was one of failure and as per the learned counsel for the appellant, it became acrimonious and unpleasant in terms of th