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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RITU BAHRI, CJ, RAKESH THAPLIYAL, J.
Megha Nautiyal – Appellant
Versus
Deepak Barthwal – Respondent
First Appeal No. 104 of 2023
Decided On : 27-06-2024
| Table of Content |
|---|
| 1. parties present and appeal against divorce judgment (Para 1 , 2) |
| 2. marriage facts and mutual agreement on divorce (Para 3) |
| 3. court's observation on necessity for divorce (Para 4 , 5) |
| 4. decree of divorce granted (Para 6) |
JUDGMENT :
RITU BAHRI, CJ.
1. Both the parties are present in the Court today.
2. The appellant-wife has come up in appeal against the judgment and decree dated 22.05.2023, passed by Additional Judge, Family Court, Rishikesh, Dehradun, in O.S. No. 233 of 2021, titled as Smt. Megha Vs. Deepak Barthwal filed under Section 13 of the HINDU MARRIAGE ACT , whereby the divorce petition filed by the appellant has been dismissed.
3. Both the parties are not disputing the fact that the marriage between them took place on 18.11.2018, and they are living separately since 22.08.2020. Both the parties mutually agreed to give divorce to each other under Section 13B of the HINDU MARRIAGE ACT . The appellant-wife states that she does not want any permanent alimony since both of them are staying separately since 2020, and almost three and a half years have gone by now.
4. It is a dead marriage. Both of them are young and they have to proceed in life, and since they have decided to part their ways of life, the present appeal under Section 19 /28 of the FAMILY COURTS ACT is suo motu converted into petition under Section 13B divorce petition of the HINDU MARRIAGE ACT .
5. Both the parties have filed their respective affidavits dated 27.06.2024 in the Court to this effect. The same are taken on record. Since both the parties have now mutually agreed to give divorce to each other, and the appellant-wife does not want any permanent alimony from the respondent-husband, it will be in the interest of justice that marriage between the parties be dissolved by granting a decree of divorce to them.
6. 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.
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 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.
Prolonged separation constitutes a dead marriage, allowing for divorce under Hindu Marriage Act, with mental cruelty as a valid ground.
A marriage can be legally dissolved under the Hindu Marriage Act when it is established as a dead marriage due to prolonged separation and lack of emotional ties, with the court emphasizing the need ....
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....
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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