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2005 DIGILAW 1311 (PNJ)

Sunil Kumar v. Jyoti

2005-12-20

AJAY K.MITTAL

body2005
ORDER AJAY KUMAR MITTAL, J. 1. Appellant’s petition for a decree of divorce having met with failure and’ consequently having been dismissed by the Additional District Judge, Karnal vide order dated 2.12.2000, he has filed the present appeal. 2. During the pendency of the appeal, the parties have settled their disputes and consequently the appellant has moved Civil Misc. 23902/C II of 2005 praying that petition under Section 13 of the Hindu Marriage Act, 1955 (for short “the Act”) may be converted into a petition under Section 13-B of the Act for a decree of divorce by mutual consent. The parties have also placed on record a joint petition under Section 13-B of the Act. 3. Statements of the parties were recorded in Court today. It emerges from their statements that the appellant was married to the respondent on 28.3.1996 and a male child, namely Master Partik was born out of this wedlock on 29.9.1997. It is agreed between the parties that appellant-husband Sunil Kumar shall pay a sum of Rs. nine lacs to the respondent-wife on account of dowry articles, Istridhan, permanent alimony and maintenance for herself as well as for the minor child. It is clear from the statement of respondent-wife that she has already received a sum of Rs. five lacs on 12.11.2005 from the appellant before the Chief Judicial Magistrate, Karnal and Rs. four lacs in the shape of fixed deposit receipt in the name of the minor today in this Court. It has been further stated that she shall not claim any maintenance in any manner from the appellant. Both of them have in clear terms stated that there was no coercion or pressure on them to agree to dissolution of marriage by mutual consent. They have further stated that petition under Section 13-B of the Act and their respective affidavits appended therewith bear their signatures. Both the parties have been duly identified by their respective counsel. 4. I have heard learned counsel for the parties and perused the record. 5. From the averments made in the petition under Section 13- B of the Act and statements of the parties recorded in Court today, it is abundantly clear that the marriage between the parties has broken down irretrievably and there is no chance of their living together again. I have heard learned counsel for the parties and perused the record. 5. From the averments made in the petition under Section 13- B of the Act and statements of the parties recorded in Court today, it is abundantly clear that the marriage between the parties has broken down irretrievably and there is no chance of their living together again. As per settlement arrived at between them outside the Court, they have now decided to part with the company of each other for all times to come, of course, subject to satisfying what is stated in their statements made in Court today. 6. In Chander Kanta Vs. Mohinder Partap Dogra, 2003(3) RCR (Civil) 72, Balwinder Singh Vs. Raj Rani, 2001 (2) Civil Court Cases 705 (P&H), Ved Parkash Vs. Manju 1998(3) RCR (Civil) 44 (P&H) and Suresh Chand Vs. Kusum alias Sushma 1998(1) RCR (Civil) 543 (P&H) Division Bench, it has been held that the statutory period of six months after notice for grant of decree of divorce under Section 13-B of the Act can be dispensed with in cases where the parties are litigating for a considerable long time and where consent of the parties has not been obtained by fraud, force or undue influence. In the present case, the appellant had filed divorce petition in November 1999 and since then the parties have been litigating in Courts, As noticed above, the consent of the parties to agree to dissolution of marriage by mutual consent does not seem to have been obtained by fraud, force or undue influence, In these circumstances, the statutory period of six months as required under Section 13-B(2) of the Act is waived. 7. In view of the above, the judgment and decree dated 2.12.2000 passed by the trial Court is set aside and petition under Section 13-B of the Act is accepted. Accordingly, marriage between the parties is dissolved by passing a decree of divorce by mutual consent. Let a formal decree be drawn. The appeal stands disposed of in the manner indicated above.