Mutual consent divorce under Section 13B of the Hindu Marriage Act is valid when parties demonstrate irretrievable breakdown of marriage without collusion or fraud.

JUDGMENT :

M.B. Snehalatha, J.

1. Mat. A No.784/2023 is an appeal filed by the wife from the judgment and decree of divorce granted by the Family Court, Alappuzha on the ground of cruelty. Mat. A No.729/2023 and Mat. A No.7/2024 have been filed by the parties challenging the judgment and decree in O.P. No. 371/2019 of Family Court, Alappuzha for return of gold ornaments.

2. Today, when these appeals came up for hearing, the learned counsel appearing for both sides submitted that the entire disputes between the parties have been settled and a joint petition has been filed before this Court.

3. We have examined the joint petition and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the joint petition are lawful and therefore, the settlement arrived at by the parties is accepted.

4. During the pendency of the appeal, in view of the settlement arrived at by the parties, appellant and respondent have filed a petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent, wherein they have stated that they have mutually agreed and decided for dissolution of marriage voluntarily; that there is no collusion or connivance in filing the petition. Further it is stated that there is no fraud or collusion in filing the petition under Section 13B of the Hindu Marriage Act; that the spouses are living separately from 2017 onwards; and there is irretrievable breakdown of marriage and there is no chance for reunion and therefore, they seek divorce by mutual consent.

5. The learned counsel also took our attention to the decision of this Court in Mat.Appeal Nos. 751/2010 and 297/2005 wherein on a similar set of facts, the Division Bench this Court granted divorce by mutual consent under Section 10A of the Divorce Act based on a compromise entered into between the parties during the pendency of the Matrimonial Appeal.

6. Both parties have affirmed that the entire disputes between the parties have been settled in terms of the joint petition filed by the parties.

7. In terms of the settlement arrived at by the parties, 2^nd petitioner/husband returned 115 sovereigns of gold ornaments to the 1^st petitioner/wife in full and final settlement of her claims.

8. In terms of the settlement, the 2^nd petitioner-Aravind paid an amount of Rs. 3,50,000/- by way of demand draft to the 1^st petitioner/wife towards the arrears of maintenance awarded for the minor child as agreed to in the terms of settlement.

9. We are convinced that the marriage between the spouses has been irretrievably broken down and they are living separately from 2017 onwards and there is no possibility of reunion and divorce is the viable option and all the attempts of reunion have been failed. We are also convinced that the parties have voluntarily filed the petition under Section 13B of the Hindu Marriage Act and there is no collusion between the parties and this Court is satisfied that the consent was not obtained through fraud or coercion.

10. We are of the view that this is a fit case to grant divorce by mutual consent on the application filed under Section 13B of the Hindu Marriage Act by waiving the cooling off period as the marriage is irretrievably broken.

11. Accordingly, I.A. No. 1/2025 filed under Section 13B of the Hindu Marriage Act is allowed.

12. The marriage between the appellant and the respondent is dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 with effect from today.