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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, C.J., Pankaj Purohit, J.
Ujjawal Jain - Appellant
Versus
Smt. Vidhika Agarwal - Respondent
Appeal From Order No. 97 OF 2024
Decided On : 18-03-2024
DISSOLUTION - HINDU MARRIAGE ACT - The court addressed the dissolution of marriage under Section 13-B of the Hindu Marriage Act, 1955, emphasizing that mutual consent is essential for the dissolution process. The court interpreted the requirement of a cooling-off period and allowed the petition after confirming that all disputes were resolved and permanent alimony was agreed upon, leading to the decision to dissolve the marriage.
Fact of the Case:
The appellant and respondent were married on 08.08.2022 and began living separately on 03.10.2022 due to matrimonial discord. They sought to dissolve their marriage by mutual consent, but their initial petition was dismissed by the Family Court for not adhering to the mandatory cooling-off period.
Finding of the Court:
The court treated the appeal as a petition under Section 13-B of the Hindu Marriage Act, 1955, and noted that both parties had resolved their disputes amicably, with the appellant providing Rs. 20,00,000/- as permanent alimony to the respondent.
Issues: Whether the Family Court's dismissal of the petition for dissolution of marriage due to the cooling-off period was justified, and whether the court could allow the dissolution based on mutual consent despite the cooling-off requirement.
Ratio Decidendi: The court held that the cooling-off period could be waived in cases where both parties have reached a mutual agreement and have resolved all disputes, thus allowing the petition for dissolution of marriage under Section 13-B.
Result: The court allowed the petition for dissolution of marriage under Section 13-B of the Hindu Marriage Act, 1955, and dissolved the marriage between the parties.
JUDGMENT :
Ritu Bahri, C.J.
The appellant has come up in Appeal against the order dated 15.02.2024 passed by the Judge, Family Court, Haldwani, Nainital in Original Suit No. 395/2023. The marriage of the parties was solemnized on 08.08.2022 as per Hindu Rites and Rituals, and there is no child from this wedlock. The matrimonial discord arose between the parties, and they started living separately since 03.10.2022, and thereafter they decided to dissolve the marriage by mutual consent. However, the Petition, under Section 13-B of the Hindu Marriage Act, 1955 was dismissed, on the ground that the waiving of cooling period of six months cannot be done by the Family Court.
2. On 13.03.2024, on a joint request made by learned counsel for the parties, this Appeal was treated to be a Petition under Section 13-B of the Hindu Marriage Act, 1955, and both the parties were directed to be present before this Court on the next date.
3. Today, when the case was taken up, counsel for the appellant has handed over a Draft of Rs. 20,00,000/- to the respondent, who is present in Court today. No other claim is there by either of the party.
4. Affidavit of Ujjawal Jain is taken on record as Annexure R1, and affidavit of Vidhika Agarwal is taken on record as Annexure R2. As per the affidavits, it has been stated that all the disputes have been resolved between them, after payment of Rs. 20,00,000/- by the appellant to the respondent, as permanent alimony.
5. Keeping in view that no dispute is there between the parties, this Petition, under Section 13-B of the Hindu Marriage Act, 1955 is being allowed, and marriage of the parties is being dissolved.
6. Pending application(s), if any, also stand disposed of accordingly.
The court established that mutual consent and resolution of disputes can lead to the waiver of the cooling-off period in divorce proceedings under the Hindu Marriage Act.
The court granted a divorce by mutual consent under Section 13B of the Hindu Marriage Act, acknowledging the amicable resolution of disputes between the parties.
Marriage can be dissolved by mutual consent between spouses.
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....
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.
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