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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, C.J., Rakesh Thapliyal, J.
Smt. Medha Aggarwal - Appellant
Versus
Rajat Singhal - Respondent
Appeal From Order No. 165 of 2022
Decided On : 25-04-2024
(A) Family Courts Act - Section 19 - Hindu Marriage Act - Section 13B - Divorce by mutual consent - The parties have amicably resolved their disputes, and the appellant-wife has received the agreed payment of rupees ten lakhs - The marriage is dissolved by a decree of divorce on the conditions agreed between the parties. (Paras 4, 6, 7)
(B) Ex-parte decree - The appellant-wife had filed an application for setting aside the ex-parte decree, which is still pending - The court acknowledges the amicable resolution of disputes. (Paras 5, 6)
Facts of the case:
The marriage was solemnized on 19.04.2012, and the parties separated in November 2012. The respondent-husband filed for divorce, which was decreed ex-parte on 07.09.2021. The appellant-wife's application to set aside this decree is pending.
Findings of Court:
The court finds that the marriage should be dissolved as the parties have reached an amicable settlement and completed the terms of the compromise.
Issues: The main issue was whether the marriage should be dissolved given the amicable resolution of disputes between the parties.
Ratio Decidendi: The court ruled that it is in the interest of justice to grant a decree of divorce as the parties have amicably resolved their disputes and fulfilled the terms of their agreement.
Result: The petition under section 13B of the Hindu Marriage Act is allowed, and the marriage is dissolved.
JUDGMENT :
Ritu Bahri, C.J.
Both the parties are present in the Court today.
2. The appellant-wife is present in the Court, and she says that she has received rupees ten lakhs out of rupees twenty lakhs, and the respondent-husband has also affirmed said fact.
3. The respondent-husband has handed over a draft of rupees ten lakhs to the appellant-wife in the Court today. All the terms of the compromise have been completed today.
4. The present appeal under section 19 of the Family Courts Act is suo motu converted into petition under Section 13B divorce petition of the Hindu Marriage Act.
5. The marriage of the parties was solemnized on 19.04.2012, at Lake Garden Wedding Point, Near Raja Ram Mohan Rai Academy, Dehradun, as per Hindu rites and rituals. After the marriage the parties got separated in November 2012. The respondent-husband filed a petition for divorce (Annexure No. 1), which was decreed ex-parte on 07.09.2021, and the appellant-wife had filed an application for setting aside this ex-parte decree, which is still pending before the Family Court, Dehradun.
6. In the present petition, the appellant-wife has challenged the order dated 02.05.2022, whereby her application under Order 6, Rule 17 CPC was dismissed. Since the parties have now amicably resolved their disputes, and their affidavits to this effect are already on record, and today the last payment of rupees ten lakhs has been made, and accepted by the appellant-wife, it will be in the interest of justice that marriage between the parties be dissolved by granting a decree of divorce to them.
7. Consequently, the petition under section 13B of the Hindu Marriage Act is allowed. The marriage between the appellant and the respondent is hereby dissolved by a decree of divorce on the conditions agreed between the parties. The respondent-husband shall be at liberty to withdraw the petition pending before the Family Court, Dehradun.
8. Parties are not in dispute that the appellant-wife had withdrawn her application seeking maintenance under Section 125 Cr.P.C. from the court of Additional Judge, Family Court, Roorkee, Haridwar, on 04.04.2024.
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.
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.
Mutual consent for divorce under the Hindu Marriage Act can lead to a decree of divorce when both parties agree to the terms and do not seek permanent alimony, promoting judicial efficiency and fairn....
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.
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....
Prolonged separation constitutes a dead marriage, allowing for divorce under Hindu Marriage Act, with mental cruelty as a valid ground.
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.
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