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IN THE HIGH COURT OF ALLAHABAD
SHASHI KANT GUPTA, J.
Mohit Maheshwari - Appellant
Versus
Jyoti Agarwal - Respondent
First Appeal No. 690 of 2018
Decided On : 16-11-2018
Divorce - Hindu Marriage Act - 1955 - Section 14 (2), Section 13 B
Fact of the Case:
The appellant filed a petition seeking divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955. The lower court rejected the application filed under Section 14 of the Act seeking permission to present the petition for divorce before the expiry of one year and returned the divorce petition.
Finding of the Court:
The court found that the lower court's rejection of the application under Section 14 and the return of the divorce petition under Section 13 B were based on a vague and casual approach, without proper consideration of the facts and circumstances of the case.
Issues: The issues revolved around the rejection of the application under Section 14 and the return of the divorce petition under Section 13 B by the lower court.
Ratio Decidendi: The court held that in cases where the marriage is irretrievably broken down and the parties do not want to live together, insisting on waiting for one year as provided under Section 14 (1) would cause exceptional hardship. The court set aside the lower court's order and allowed the application under Section 14, directing the Family Court to proceed with the petition filed under Section 13 B and dispose of it expeditiously.
Final Decision: The order dated 5.9.2018 passed by the Family Court, Badaun in Misc. Case No. 99 of 2018 was set aside, and the application filed under Section 14 of the Act was allowed. The Family Court was directed to proceed with the petition filed under Section 13 B of the Act, 1955 and dispose of the same expeditiously in accordance with the law.
JUDGMENT :
Shashi Kant, J.
1. This appeal has been filed by the appellant against the impugned order dated 05.09.2018 passed by Principal Judge, Family Court, Badaun in Misc. Case No. 99 of 2018, whereby the application jointly filed by the appellant Mohit Maheshwari as well as respondent Smt. Jyoti Agrawal under Section 14 (2) of the Hindu Marriage Act, 1955 (herein after referred as “Act, 1955”) has been rejected and the petition seeking divorce by mutual consent under Section 13 B of the Act has been returned.
2. By the order dated 13.11.2018, this Court had directed the appellant and the sole respondent to appear in person in the Court. In pursuance of the said order, the aforesaid petitioner as well as respondent are present in the Court.
3. Counter affidavit has also been filed by the respondent which is taken on record.
4. We have heard learned counsel for the parties and perused the record.
5. A perusal of the record shows that petition under Section 13 B of the Act, 1955 was filed by the parties by mutual consent. In the petition it was stated that the marriage of the petitioner and the respondent was solemnized according to Hindu customs and rites on 06.02.2018 at Bholadham and after solemnization of marriage, petitioner and respondent lived together and performed their matrimonial obligation, as husband and wife. After lapse of few days, after solemnization of marriage, certain mental unequilibrium and mental differences arose in between the parties, which resulted into separation with each other and with effect from 10.07.2018, both the parties are living separately from each other.
6. In para-4 of the petition filed before learned Lower Court, the details of the criminal cases including an application filed under Section 125 Cr.P.C. by the respondent Jyoti Agarwal have been given. For ready reference, para-4 of the plaint is quoted hereinbelow:
“That the parties to this petition are highly educated, they are understand their welfare and therefore, both the parties have amicably decide to get the marriage tie dissolved by a decree of divorce on the basis of the mutual consent of the parties, as both the parties do not want to unnecessarily harass each other and indulge in unnecessary litigation, and also all the criminal cases which was filed by the petitioner no. 2 against the petitioner no. 1, and his family members as Misc. Case No. 1046 of 2018 Smt. Jyoti Agarwal vs. Maheshwari under section 125 Cr.P.C. against only petitioner no.1, FIR dated 06.08.2018 lodged by petitioner no. 2 under section 498A, 328, 32, 504, 506 IPC, and under Sections 3/4 D.P. Act, against the petitioner no.1, his father Sri Neeraj Maheshwari, his mother Smt. Neelu Maheshwari, and his brother Ankur Maheshwari, F.I.R. dated 13.8.2018 lodged by the petitioner no. 2 under Section 66 I.T. Act against the petitioner no. 1, another F.I.R. dated 19.08.2018 lodged by petitioner no. 2 under Section 420 IPC against the petitioner no. 1 and petitioner no. 1 also filed a complaint case no. of 2018 Neeraj Maheshwari vs. Deepak Agarwal and others under Sections 323, 352, 452, 427, 504, 506, 499, 500, 384, 389 I.P.C. against the father of petitioner no. 2, and against the friends of father of the petitioner no. 2, filed against each other as detailed above be withdrawn forthwith, therefore, the present petition is being filed from the sweet will, and free consent of the parties without any coercion, fraud misrepresentation, under influence upon each other, with the permission of the Hon'ble Court under Section 14 (2) Hindu Marriage Act, because petition under Section 13 B Hindu Marriage Petition for divorce is being filed in exceptional circumstances within one of marriage.”
7. In para-6 of the petition, it has been further inter-alia stated that father of the petitioner no. 1 has paid Rs. 9 lacs by way of bank draft no. 250610 dated 27.08.2018 and has also paid Rs. One lack by another bank draft no. 250611 dated 27.08.2018 to the respondent i.e. Smt. Jyoti Agar
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