Gujarat High Court
Judgename :S.K.Keshote
BIJAL CHANDRESHBHAI BHATT - Appellant
Versus
CHANDRESHBHAI SAHDEVBHAI BHATT - Respondent
Civil Revision 1185 of 1998
Decided On : 12/29/1998
Sub-section (2) of Sec. 13B of the Act, 1955, makes a provision for giving of six months time initially which may be extended for 18 months before passing a decree on a joint application filed by parties (husband and wife) for dissolution of their marriage by decree of divorce by mutual consent. However, this provision, as held by the Apex Court, is not mandatory and in an appropriate case, this period can be ordered to be dispensed with by the Court. Application under Sec. 13B of the Act, 1955, aforesaid has been submitted today in the Court and I consider it to be appropriate to dispense with the requirement of Sub-sec. (2) of this Section for the reasons, namely (i) divorce petition is pending since 1997, (ii) both, husband and wife are living separately since 10th May 1994, (iii) relations of both of them have become so strained and bitter that both of them have filed counter criminal cases against each other and after talking to both of them now in no circumstances they are agreeable to reunite. In fact, they have finally decided to permanently separate themselves or wind-up their matrimonial relation.
[Para 9]
( 1 ) THE applicant - Smt. Brijal Chandreshbhai Bhatt and the respondent - Shri Chandreshbhai Sahdevbhai Bhatt are present in-person. Both of them have been identified by their advocates.
( 2 ) THIS civil revision application arises from the order of the 2nd Joint Civil Judge (S. D.) and JMFC, Mahesana, dated 4. 7. 98 passed in Hindu Marriage Petition No. 237 of 1997, under which maintenance of Rs. 250/= to the wife and Rs. 200/= to the minor daughter `anvesha has been ordered. This female child is residing with wife-applicant. There is no dispute regarding guardianship of this female child.
( 3 ) THE respondent-husband filed a petition for dissolution of marriage by decree of divorce before the Joint Civil Judge (S. D.), Mahesana. Divorce has been prayed for on the ground of desertion under Section 13 (i) (b) of the Hindu Marriage Act, 1955. This petition has been filed in the year 1997.
( 4 ) IT is not in dispute between the parties that that they are residing separately since 10. 5. 1994. During pendency of this civil revision application the parties have settled their disputes and the memorandum of settlement has also been arrived at which is signed by both the parties and their advocates. This memorandum of settlement is taken on record of this civil revision application. They have also filed a joint application under Section 13b of the Hindu Marriage Act, 1955, and prayed for dissolution of their marriage by decree of divorce by mutual consent.
( 5 ) ORDINARILY, in such matters, the parties should be relegated to the District Court for passing of appropriate decree of dissolution of marriage by mutual consent under Section 13b of the Act, 1955, but for two reasons, I am not adopting that course. Firstly, both the learned counsel for the parties and the parties have prayed that this Court may pass a decree here. Secondly, the applicant-wife has made a serious grievance that in case she has been relegated to the trial Court then there is all possibility of incurring by her further expenses of litigations. My own experience goes to show that in this State, litigation is very very costly. It is understandable that in litigations other than the litigation filed under the category of matrimonial dispute, whatever amount the advocates consider reasonable, they may charge as their professional fees, but this litigation in fact and substance is not a litigation. Truly speaking, these are personal human problems, disputes and differences. When the husband and wife are unable to reconcile themselves and resolve their differences and dispute they approach to the Courts and as far as possible, the Courts approach are also not to decide such matters as a legal disputes but disputes of husband and wife, and sometimes to decide the dispute where the question of maintenance or guardianship or taking care of children in future may arise. So all these matters are decided by the Courts by taking into consideration humanitarian approach and all endeavour has to be made to see that as far as possible, couple is reunited and only in exceptional cases where it is difficult for them to reunite then on their request, ultimately the Court may grant a decree for dissolution of their marriage by mutual consent.
( 6 ) IN the Chamber, I had an occasion to talk to two ladies who have come in their matrimonial disputes with their husbands. In one case where a simple matrimonial dispute had arisen, I am not correctly remembering whether under Section 9 or Section 13 of the Act, 1955, it has culminated in 36 cases. That lady having tears in her eyes informed the Court that she has spent Rs. 80,000/= towards the payment of Advocates fees and other litigation expenses. It is really a pitiable condition of the lady who was getting only Rs. 1200/= per month as maintenance from her husband how she has managed and arranged for this huge amount to be paid as fees and for other litigation expenses.
( 7 ) SECOND case had also arisen from the matri
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