The court emphasized the objective of enabling parties to dissolve a marriage by consent when it has irretrievably broken down, and considered the welfare of the child in granting the divorce by mutual consent.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The court proceedings have been conducted through Video-Conference.

2. Sangita Dibruwal, the wife and Mridul Gogoi, the husband have filed a joint application in Mat. App. No. 37/2018 with a prayer that the Matrimonial Appeal be converted into a joint petition under section 13B of Hindu Marriage Act, 1955 and divorce by dissolution of marriage through mutual consent be granted.

We need not go into the details because all the relevant facts are recorded in order dated 16.7.2020 passed in the application. For the benefit of convenience, order dated 16.7.2020 is extracted herein below:

“The court proceedings have been conducted through Video-Conference.

2. Learned counsel for the applicant is not available.

3. The application seeks indulgence of the court to convert the matrimonial appeal in to an application under section 13(B) of Hindu Marriage Act, 1955, and grant divorce by mutual consent. The appeal has been preferred by the wife, Sangita Dibruwal against the husband, Mridul Gogoi.

4. It has been pleaded in the application that the marriage between the two was solemnized on 16.1.2006 at Naharkatia, District-Dibrugarh, Assam. After marriage, the parties were residing in the matrimonial home. A female child was bom on 15.8.2007. The marriage survived til 2012.

5. It has further been brought out by virtue of the joint application filed on behalf of the husband and the wife that on 30.3.2012, the wife left the matrimonial home along with the child due to differences and they have been living separately. Several attempts were made for reconcilliation, however, they failed. In 2015, Sangita Dibruwal, the wife filed a petition for divorce under section 13 of the Hindu Marriage Act in the court of District Judge, Dibrugarh, Assam, the same being TS(D) No. 09/2015, titled ‘Smt. Sangita Dibruwal v. Mridul Gogoi’.

6. The husband contested the case by virtue of filing a written statement. The trial court dismissed the divorce petition vide the judgment and decree dated 18.2.2017. Aggrieved by the judgment of dismissal, the wife, Sangita Dibruwal has preferred Matrimonial Appeal No. 37/2018 which is pending adjudication.

7. It has been pleaded that sincere efforts have been made through the counsel for both the parties to sort out the differences, however, no fruitful result has come forth. Finally, the parties have come to the conclusion that they would be unable to resolve the issues and, therefore, divorce be sought by mutual consent through indulgence of the court. Hence, the application. It has been pleaded that the marriage is irretrievably broken. This could be evident from the fact that since 30.3.2012 the husband and wife have been living separately. There has been litigation. A number of reconcilliation efforts have been made, however, they failed. The parties are satisfied that it is no more possible for the parties to come together.

8. By virtue of the joint application, it has also been brought out that all the claims pending between the parties have been settled. The child would remain with the mother, Sangita Dibruwal. The child needs special care. The father of the child, namely, Mridul Gogoi shall extend help for treatment of the daughter. The husband, Mridul Gogoi will provide clothes, baby food, etc., from time-to-time. A minimum sum of Rs. 1,500 per month would be given by Mridul Gogoi to Sangita Dibruwal for up keep of the child. The amount of help advanced towards the special child would be enhanced as per change in financial status of Mridul Gogoi. In any case, the amount payable shall not be less than Rs. 1,500 per month. In the said agreed returns, this court has been approached for divorce by mutual consent.

9. Prima facie we find that the essential ingredients for seeking divorce by mutual consent under section 13(B) of the Hindu Marriage Act are satisfied.

10. Learned counsel for the wife, however, is not available and, therefore, we deem it appropriate to adjourn the matter.

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