Mutual consent under Section 13B of the Hindu Marriage Act can dissolve a marriage, even if an earlier decree of divorce was granted on the ground of adultery.

Headnote:
DIVORCE - ADULTERY - CONSENT - HINDU MARRIAGE ACT, SECTION 13B - The court dissolved the marriage between the parties by mutual consent under Section 13B of the Hindu Marriage Act, setting aside the earlier decree of divorce granted on the ground of adultery.
Fact of the Case:

The wife appealed a divorce decree granted to the husband on the ground of adultery. During mediation, the parties settled their disputes, including the return of gold ornaments to the wife and agreed to divorce under Section 13B of the Hindu Marriage Act.
Finding of the Court:

The court found that the parties had signed a settlement agreement, filed a joint petition under Section 13B, and both parties were firm in their decision for divorce by mutual consent.
Issues: Whether the divorce decree granted on the ground of adultery should be set aside based on the parties' mutual consent to divorce under Section 13B of the Hindu Marriage Act.
Ratio Decidendi: The court held that the allegations of adultery would not stand as a stigma against the wife due to the setting aside of the earlier judgment and could not be used against her in any forum.
Final Decision: The court dissolved the marriage between the parties by mutual consent under Section 13B of the Hindu Marriage Act, setting aside the earlier decree of divorce granted on the ground of adultery.

JUDGMENT

A.Muhamed Mustaque, J.

This appeal is at the instance of the wife. She challenges a decree of divorce granted in favour of the husband on the ground of adultery. In the appeal, the parties were referred to mediation. In the mediation, the parties have settled all their disputes. Based on the settlement, the gold ornaments in the possession of the respondent-husband have been returned to the appellant-wife. She acknowledged the same. They also agreed to divorce invoking under Section 13B of the Hindu Marriage Act.

Accordingly, a joint petition has been filed.

2. When the matter came before us on the last occasion, we interacted with the parties online. The husband who was firm in his decision for separation based on mutual consent. However, the appellant retracted from her stand. We, therefore, directed the parties to appear in person. Today, we again interacted with the parties. The appellant admitted the signing of the settlement agreement and receipt of the gold ornaments. The appellant also admitted that she has filed an application under Section 13B of the Hindu Marriage Act along with the husband. Today, she stood by her decision for separation by mutual consent. The respondent is also present and he is also firm in his decision for divorce by mutual consent. In the light of the settlement and the petition filed under Section 13B of the Hindu Marriage Act, we dissolve the marriage between the parties by mutual consent. Consequently, the impugned judgment is set aside and divorce is granted in terms of Section 13B of the Hindu Marriage Act. We make it clear that the allegations of adultery will not stand as stigma as against the appellant in view of the setting aside of the impugned judgment as above, and cannot be used in any forum as against the appellant.

The Mat. Appeal is disposed of as above.

A.MUHAMED MUSTAQUE, JUDGE

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