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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RITU BAHRI, CJ., RAKESH THAPLIYAL, J.
Arun - Petitioner
Versus
State of Uttarakhand & Others - Respondents
Habeas Corpus Petition No. 07 Of 2024
Decided On : 02-05-2024
DIVORCE - HINDU MARRIAGE ACT - The court addressed the dissolution of marriage under Section 13B of the Hindu Marriage Act, emphasizing mutual consent as a key legal provision. The court interpreted the affidavits from both parties, confirming their agreement to divorce and waiving the mandatory cooling-off period, thereby facilitating the dissolution of the marriage without further delay.
Fact of the Case:
The petitioner Arun and Sanjana were married on February 28, 2024. Sanjana expressed her desire not to return to Arun and indicated her intention to divorce him, stating she was in love with another man, Sachin, with whom she was currently living.
Finding of the Court:
The court found that both Arun and Sanjana had mutually agreed to dissolve their marriage. Sanjana's affidavit confirmed her consent to the divorce and her decision to not claim maintenance or initiate any legal proceedings against Arun.
Issues: Whether the marriage between Arun and Sanjana could be dissolved by mutual consent under Section 13B of the Hindu Marriage Act, and if the cooling-off period could be waived.
Ratio Decidendi: The court held that under Section 13B of the Hindu Marriage Act, a marriage can be dissolved by mutual consent when both parties agree to the divorce. The court also determined that the cooling-off period could be waived in this case due to the clear mutual consent.
Result: The marriage between Arun and Sanjana was dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act, with the cooling-off period waived, allowing Sanjana to be free to live with Sachin.
JUDGMENT :
(Ritu Bahri, CJ.) :
Petitioner – Arun, as well as Sanjana, are present in the Court today.
2. On a specific query put to Sanjana, she says that she does not want to go back and stay with the petitioner Arun, and that their marriage was solemnized in February 2024, and now she is staying with respondent No. 5 – Sachin.
3. Respondent No. 5 – Sachin is also present in the Court today.
4. Petitioner – Arun and Sanjana have interacted with each other, and they have decided that Sanjana will give divorce to Arun (petitioner) under Section 13B of the Hindu Marriage Act.
5. Accordingly, this Habeas Corpus petition is suo motu being converted into a petition under Section 13B of the Hindu Marriage Act.
6. Petitioner – Arun has filed an affidavit dated 02.05.2024. As per said affidavit, his marriage was solemnized with Sanjana d/o. Mani Ram on 28.02.2024, as per Hindu rites and rituals. It has further been stated in the affidavit that Sanjana is present in Court, and she refused to return to the matrimonial house, and refused to live with petitioner - Arun, and as such, he is ready to dissolve the marriage by a decree of divorce, and Sanjana also gives her consent for dissolution of the marriage between the parties.
7. Sanjana has also filed an affidavit dated 02.05.2024, which has been placed on record. Sanjana, aged 18 years, has stated that she has solemnized marriage with Arun on 28.02.2024. She further states that she had performed the marriage under pressure of her parental family, and she was in love with respondent No. 5 – Sachin. She left the matrimonial house and eloped with Sachin, and now residing with him. No one has abducted her. She wants to stay with Sachin. She will not claim any maintenance/alimony from the petitioner - Arun, and she will not claim any right over the property of petitioner of his family, and will never initiate any criminal or civil proceedings against the petitioner or his family. She is ready to dissolve the marriage by decree of divorce, and gives her consent for dissolving the marriage between the parties.
8. As per the affidavits given by both petitioner – Arun and Sanjana, they have agreed to give divorce to each other, and Sanjana is not claiming any maintenance/alimony. She has also stated that she will not initiate any criminal or civil proceedings against the petitioner - Arun or his family.
9. Keeping in view the above affidavits, the marriage between Arun and Sanjana is hereby dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act by way of mutual consent. Cooling period of six months as provided under Section 13B(2) of the Hindu Marriage Act is hereby waived off.
10. Sanjana is free to accompany respondent No. 5 – Sachin, and to stay with him.
11. The matter stands disposed of accordingly.
The main legal point established in the judgment is the court's discretion to waive the statutory period for divorce by mutual consent when the marriage has irretrievably broken down and there is no ....
The central legal point established in the judgment is the dissolution of marriage with mutual consent under Section 13(B) of the Hindu Marriage Act.
The central legal point established in the judgment is the dissolution of marriage with mutual consent under Section 13(B) of the Hindu Marriage Act.
The statutory waiting period for divorce by mutual consent under the Hindu Marriage Act can be waived if there is no possibility of reconciliation and prolonged waiting would only cause additional di....
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act, 1955 is maintainable, and the court's involvement in decision making in the consent decree is crucial.
The statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act is directory, allowing for a divorce by mutual consent even at the appellate stage.
The court has the discretion to convert a petition under Section 13 of the Act into a Petition under Section 13B for seeking divorce by mutual consent during the pendency of the appeal. The statutory....
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....
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