Judgment on Board

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)AMSIHSHURTAOSHDsAMiSigI gHSnit HeUadR lT lby AOySH 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 since02/10/2018 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 eighteen months after the said date, if the period is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the divorce.”

6. The Supreme Court in a case law reported in (2017) 7 SCC page 746- Amardeep Singh Vs. Harveen Kaur has held that in the year 1976, the concept of divorce by mutual consent was introduced and however, Section