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LISA GILL, RITU TAGORE
Sandeep Kumar – Appellant
Versus
Deepika – Respondent
JUDGMENT
Lisa Gill, J.
This appeal has been filed by the appellant - husband challenging judgment and decree dated 20.10.2018 passed by the learned Additional District Judge, Jalandhar.
2. Brief facts of the case are that petition under section 13B of the HINDU MARRIAGE ACT , 1955 (for short - 'the Act') seeking dissolution of marriage by a decree of divorce with mutual consent was filed by the parties before the learned Family Court, Jalandhar. Marriage between the parties was solemnized on 24.09.2012. No child was born out of this wedlock. Relation between the parties became strained and despite earnest efforts by relatives and friends as well, they could not re-concile their difference. Parties, it is stated, were residing separately from each other since 27.12.2013. Petition under Section 13B of the Act was filed on 08.01.2018. Respondent - wife agreed to accept a sum of Rs.3,25,000/- towards all her claims - past, present, future and permanent alimony qua the husband. A sum of Rs.1,50,000/-was received by the wife on 09.01.2018. Her statement at first motion was recorded on 09.01.2018 (Annexure A1). Statement of the husband was also recorded on 09.01.2018 regarding the settleme
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
The central legal point established is the court's reliance on mutual consent, settlement agreement, and absence of legal impediments to grant a decree of divorce by mutual consent and allow the waiv....
Marriage can be dissolved by mutual consent between spouses.
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