2026:CGHC:11307-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 298 of 2024 Shri Satish S/o. Dhirajlal Suchak Aged About 51 Years Occupation -

Business, R/o. Rajoli, Tehsil - Mul, District - Chandrapur (Maharashtra)

... Appellant versus Smt. Namrata W/o. Satish Suchak Aged About 44 Years Occupation - Service, R/o. In The House of Shri Jayantilal Raja, Ashirwad Building, Near S.B.I. Colony Ara Mill Road, Rajnandgoan, District - Rajnandgaon (C.G.)

... Respondent For Appellant : Mr. Shyam Kumar, Advocate For Respondent : Mr. Priyank Rathi, Advocate Hon’ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board (10.03.2026)

Arvind Kumar Verma, J.

1. This appeal has been preferred against the judgment and decree dated 06/07/2024 passed by learned Judge, Family Court, Rajnandgaon, District Rajnandgaon (C.G.) in Civil Suit no. 13A/2020, whereby the application preferred under Section 13(1)

Digitally ASHUTOSHsigned by MISHRA ASHUTOSH MISHRA of Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty was dismissed.

2. The marriage between the parties took place on 21/05/2006 as per Hindu Law and Customs at Nagpur (Maharashtra), thereafter they could not continue with the marital relationship, and eventually an application preferred by the appellant herein under Section 13(1) of the Hindu Marriage Act for dissolution of marriage was dismissed by the learned family Court.

3. Learned counsel for the parties submit that the matter was referred to the mediation center of this Court, and the mediation has been successfully completed. The parties have arrived at a compromise on 18.08.2025, on certain terms and conditions, and have filed an application (I.A. No. 01/2026) under section 13(B) of Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent. During mediation on 18/08/2025 both the parties amicably agreed for mutual divorce with permanent alimony of Rs.51,00,000/- to be paid by the appellant to the respondent. It is further submitted that, as per the settlement, the appellant herein has already deposited amount of Rs.15-15 Lakhs through two Fixed Deposit Bonds bearing No.CIF-9231252486-8 and CIF- 9231252478-8 dated 30/12/2025 each in favour of daughters of Appellant namely Hiral Suchak and Kavya Satish Suchak, respectively. Further, the appellant on the date of mediation paid Rs.5,00,000/- through Demand Draft bearing No.9611 182 dated 14/08/2025 in favour of the Respondent. Thereafter, demand drafts bearing No.9611 205 & 9611 206 of Rs.8-8 Lakhs (total 16 Lakhs) dated 31/12/2025 have been given to the wife. On 23/02/2026 the appellant has handed over the remaining amount of Rs.46 Lakhs to the respondent through the demand drafts, which the respondent admits to have received.

4. We have heard learned counsel for the parties and perused the application under Section 13(B) of the Hindu Marriage Act.

5. It is not in dispute that the parties are living separately since

02/10/2018 and the chances of reconciliation do not exist. The application under Section 13(B) of Hindu Marriage Act has been filed before this Court on 23.02.2026 which is supported by an affidavit. In this context, the text of Section 13-B of the Hindu Marriage Act would be relevant here and quoted below:

13-B. Divorce by mutual consent.-- (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than