For a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955, the parties must have lived separately, meaning a complete cessation of marital obligations, for a continuous period of one year immediately preceding the presentation of the petition.

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)

I.A. No. 01 of 2024

1. This is an application under Section 5 of the Limitation Act for condonation of delay of about 410 days in filing the present miscellaneous appeal.

2. For the reasons stated in the interlocutory application, delay in filing the present miscellaneous appeal is condoned.

3. The interlocutory application is accordingly disposed of.

M.A. No. 807 of 2024

Heard learned counsel for the appellant and learned counsel for the respondent.

2. The present appeal is directed against the judgment dated 06.06.2023 passed by the learned Principal Judge, Family Court, Sheohar in Matrimonial Divorce Suit No. 19 of 2023 whereby and whereunder petition filed by both the plaintiffs under Section 13(B) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been rejected on the ground that the parties have not been living separately for one year since on first motion itself that the respondent/husband has established conjugal relation on 15.03.2023 whereas the joint divorce petition with mutual consent was filed on 11.05.2023 though the respondent has sworn affidavit to the extent that he has been living separately for last more than one year.

3. Briefly stated facts of the present appeal is that appellant and respondent were married as per Hindu rituals and customs on 28.04.2021 and marriage was solemnized in village Gobinapur, Sheohar. After marriage, the appellant went to her matrimonial home at Sri Krishna Nagar, Motihari and both started to lead their conjugal life and the marriage was consummated and out of their wedlock, one girl child took birth on 19.03.2022. It is further stated that appellant was selected as a government teacher and she was posted in Primary School, Dumri Kanya in Dumri Katasri Block, Sheohar. After solemnization of marriage, cordial relation between the parties no longer existed on account of which doubt was created in the mind of both parties. Since both parties have been residing separately from each other since March, 2022 and both are not willing to fulfill matrimonial obligations, appellant and respondent have decided to part ways, to live their happy life, in their own way despite efforts have been taken by the family and friends to pacify the matter. Accordingly, both parties filed a joint petition under Section 13 (B) of the Act for dissolution of marriage on the basis of mutual consent. As per terms and conditions of the agreement between the parties, respondent agreed to pay the amount of rupees twenty lacs as permanent alimony to the appellant along with rupees two lacs as maintenance cost to the daughter and as per agreement, rupees ten lacs was agreed to be paid on 04.05.2023 to the appellant by the respondent through demand draft and rest amount of rupees ten lacs through demand draft and paper regarding fixed deposit of rupees two lacs for daughter have to be deposited in the court of learned S.D.J.M or District and Sessions Judge by 15.06.2023 which would be payable to the appellant only after disposal of matrimonial suit. It was further agreed that after obtaining decree of divorce through mutual consent, the appellant (plaintiff no. 2 in matrimonial suit No. 19 of 2023) would not claim any share in movable or immovable property of the respondent (plaintiff no. 1