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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Mukesh Joshi – Appellant
Versus
Manju Lata Joshi – Respondent
MAT.APP.(F.C.) 42 of 2023
Decided On : 10-05-2023
Divorce - Mutual Consent - Summary: The court accepted the mutual consent of the parties to dissolve their marriage and permitted the amendment of the petition for grant of divorce under Section 13(B) (1) of the Hindu Marriage Act, 1955. The court also granted waiver of the statutory period of six months as stipulated under Section 13(B)(2) of the Act due to the parties living separately for over twenty years and no resumption of cohabitation.
Fact of the Case:
Parties agreed to dissolve their marriage by mutual consent and submitted identity proofs. Respondent waived all rights for maintenance or alimony. Parties undertook to file a joint petition for divorce and appear before the court for recording their statements.
Finding of the Court:
The court set aside the impugned judgment and permitted the amendment of the petition for grant of divorce under Section 13(B) (1) of the Act. It also granted waiver of the statutory period of six months and directed the parties to file the second motion petition for obtaining divorce by mutual consent.
Issues: Mutual consent divorce, amendment of petition, waiver of statutory period
Ratio Decidendi: The court's decision was influenced by the mutual consent of the parties, the waiver of rights by the respondent, and the fact that the parties had been living separately for over twenty years with no resumption of cohabitation.
Final Decision: The appeal was disposed of with the court's acceptance of the mutual consent of the parties, permitting the amendment of the petition, and granting waiver of the statutory period for obtaining divorce by mutual consent.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Parties are present in person. We have interacted with the parties. It is agreed between the parties that they shall dissolve their marriage by mutual consent.
2. Parties have produced the following Identity proof:
[IMG]
3. Respondent, who is present in person, submits that since she is working and she does not have any claim of maintenance or alimony from the appellant. Accordingly, she submits that she waives all her rights for past, present and future maintenance, claim or alimony.
4. Parties undertake that they shall duly file a joint petition of divorce by mutual consent and shall also appear before the concerned Court for recording of their respective statements for dissolving the marriage by mutual consent.
5. The undertaking of the parties is accepted. Parties are bound down to the statement given to the Court.
6. Learned counsel for the parties pray that the impugned judgment dated 14.09.2006 be set aside and the petition for grant of divorce be permitted to be amended to a petition for grant of divorce under Section 13(B) (1) of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act').
7. In view of the settlement between the parties and their undertakings, impugned Judgment dated 14.09.2006 is set aside. The petition is restored to its original number. On the oral prayer of the parties, the petition is also permitted to be amended into a petition for grant of divorce under Section 13(B) (1) of the Act.
8. Parties shall appear before the Family Court for filing the joint amended petition and for recording of the statement of the parties on 24th May, 2023.
9. On an application being filed, the Family Court shall take into account the fact that the parties have been living separately for over twenty years and, have been litigating and, the subject petition was filed on 05.03.2001 and there has been no resumption of cohabitation and accordingly grant waiver of the statutory period of six months as stipulated under Section 13(B)(2) of the Act. Parties shall thereafter file the second motion petition for obtaining divorce by mutual consent.
10. The appeal is disposed of in the above terms.
11. Order Dasti under signatures of the Court Master.
The court upheld the principle of mutual consent in divorce proceedings and exercised discretion to grant waiver of the statutory period based on the circumstances of the case.
Willingness of parties to grant divorce without financial claims under Section 13B of the Hindu Marriage Act, 1955.
The central legal point established in the judgment is the court's discretion to allow the amendment and conversion of a divorce petition under the Hindu Marriage Act, 1955, and the consideration of ....
Mutual consent for divorce allows for waiving the statutory period under the Hindu Marriage Act, facilitating the resolution of family disputes amicably.
The central legal point established in the judgment is the significance of mutual consent in seeking divorce under Section 13B of the Hindu Marriage Act, 1955, and the court's discretion to grant wai....
The court recognized the validity and influence of a settlement agreement in setting aside a decree of divorce and converting a petition into a mutual consent divorce petition under the Hindu Marriag....
Parties may resolve disputes through mutual consent and valid Settlement Agreements to expedite divorce proceedings under the Hindu Marriage Act.
Marriage can be dissolved by mutual consent between spouses.
The court has the discretion to allow parties to settle their disputes and convert a petition under the Hindu Marriage Act into a petition for grant of divorce by mutual consent, considering the waiv....
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